April 2018

Indian Penal Code, 1860, S.376–Rape–Acquittal—Consenting Party-Prosecutrix alleged she married accused under threat and was sexually exploited after administration of some tablet at 11:30 pm and she gained conscious at 7:30 p.m.–Accused acquitted

By | April 27th, 2018|Acquittal|

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Prosecution has failed to prove that the knife produced in the Court was the same which was used in the crime—It was not proved that the alleged knife recovered from the accused was sent to FSL, because at the time of its production in the Court, it was not bearing any seal of FSL-Acquittal upheld

By | April 1st, 2018|Acquittal|

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March 2018

Criminal Procedure Code, 1973, S.203—Defamation—Dismissal of complaint-­ Respondent had filed divorce petition u/s 13 of the HM Act wherein he alleged petitioner having illicit relations with his wife-Said divorce petition was not decided on the basis of adduced evidence

By | March 20th, 2018|Acquittal|

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Information Technology Act, 2000, S.66-D—Rape – Acquittal–Allegation that accused used to sexually harass prosecutrix and upload absence material qua her on social media—

By | March 14th, 2018|Acquittal|

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February 2018

Indian Penal Code, 1860, S.376 & –Murder–Rape—Acquittal -As per testimony of star witness he had seen accused along with one other person coming in a jeep with a lady-it is not clear from his statement, as to who was that lady and where she had come from-This in no way helps the prosecution ease

By | February 24th, 2018|Acquittal|

Comments Off on Indian Penal Code, 1860, S.376 & –Murder–Rape—Acquittal -As per testimony of star witness he had seen accused along with one other person coming in a jeep with a lady-it is not clear from his statement, as to who was that lady and where she had come from-This in no way helps the prosecution ease

Dowry Death-Acquittal-Death by hanging-­ Deceased suffering from postpartum depression-No incident or cruelty has been proved on record to show that the deceased was compelled to commit suicide-No mark of injury was found on body of deceased

By | February 24th, 2018|Acquittal|

Comments Off on Dowry Death-Acquittal-Death by hanging-­ Deceased suffering from postpartum depression-No incident or cruelty has been proved on record to show that the deceased was compelled to commit suicide-No mark of injury was found on body of deceased

Rape–Acquittal–Consent party—Prosecutrix accompanied accused for 15 days before and 15 days after their marriage-She did not raise any hue and cry, nor disclosed the incident to anyone—She even did not try to report the matter to police or to run away, despite having ample opportunities to do so-Therefore, she was consenting party-Accused acquitted

By | February 19th, 2018|Acquittal|

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In the cross case, accused are stated to have suffered four fractures and 12 injuries to 10 injuries to and therefore fresh bleeding was seen—In view of the cross case, possibilities of injuries being fabricated or self-suffered or caused with a friendly hand, cannot be ruled out-­ Complaint dismissed-lndian Penal Code, 1860, S.326.

By | February 15th, 2018|Acquittal|

Comments Off on In the cross case, accused are stated to have suffered four fractures and 12 injuries to 10 injuries to and therefore fresh bleeding was seen—In view of the cross case, possibilities of injuries being fabricated or self-suffered or caused with a friendly hand, cannot be ruled out-­ Complaint dismissed-lndian Penal Code, 1860, S.326.

Dying Declaration—Admissibility of—The medical officer had made an endorsement about the mental state, therefore, the dying declaration could not be excluded from consideration.

By | February 12th, 2018|Acquittal, Dying Declaration|

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January 2018

Indian Penal Code, 1860, S.304-B–Dowry Death- Acquittal-improbable story-If the deceased had telephoned the complainant party 4-5 days earlier to her death and asked them to arrange Rs. 3 lacs to be paid to husband and his family members, in that event, the complainant party would not have kept mum

By | January 30th, 2018|Acquittal|

Comments Off on Indian Penal Code, 1860, S.304-B–Dowry Death- Acquittal-improbable story-If the deceased had telephoned the complainant party 4-5 days earlier to her death and asked them to arrange Rs. 3 lacs to be paid to husband and his family members, in that event, the complainant party would not have kept mum

Acquittal – statements of witnesses reveal that they were not originally holding any account with society rather, the account holders were either the father, husband or brother of these witnesses—They have only placed on record the photocopies of the passbooks mentioning the entries of deposit of the amount

By | January 23rd, 2018|Acquittal|

Comments Off on Acquittal – statements of witnesses reveal that they were not originally holding any account with society rather, the account holders were either the father, husband or brother of these witnesses—They have only placed on record the photocopies of the passbooks mentioning the entries of deposit of the amount

Head constable who claimed himself to be an eye witness could not identify as to who had caused injuries during occurrence-­Relationship with person before whom extra judicial confession was allegedly made was highly doubtful-Acquittal upheld.

By | January 20th, 2018|Acquittal|

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Culpable Homicide—Where, on a sudden quarrel, a person picks up a weapon which is handy and causes injuries, one of which proves fatal, he would be entitled to the benefit of Section 300 Exception 4 of the IPC.

By | January 17th, 2018|Acquittal|

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December 2017

November 2017

Rape—Acquittal—Sexual inter-course by a man with his own wife and the wife being under 18 years of age, if more than one year has elapsed from the date of the commission of the offence—Court cannot take cognizance of offence u/s 376IPC.

By | November 11th, 2017|Acquittal|

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Indian Penal Code, 1860, S.376–Rape–Acquittal-Medical Report-As per medical examination hymen had healed and there was no mark of any swelling over the body of prosecutrix

By | November 11th, 2017|Acquittal|

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Indian Penal Code, 1860, S.467–Forgery–Acquittal–Complaint that Will was forged and on basis of that mutation got sanctioned and part of land was sold

By | November 11th, 2017|Acquittal|

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Indian Penal Code, 1860, S.376–Rape–Acquittal–Prosecutrix no where stated of having been subjected for sexual intercourse by the accused without her consent

By | November 11th, 2017|Acquittal|

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Murder—Intention to Kill—Accused after giving only a single blow neither gave any other injury nor gave repeated blows—It cannot be said that the accused had an intention to cause death.

By | November 10th, 2017|Acquittal|

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