April 2020

Acquittal – Six persons armed with dangerous weapons, one of them having a 12 bore DBBL gun having a common intention and common object, trespassing in the fields of complainant after having made due preparation, would go away without even causing a scratch to the complainant and persons accompanying him, seems somewhat difficult to believe

By | April 11th, 2020|Acquittal|

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Criminal Breach of Trust—Partnership at Will dissolved by notice by one partner—Subsequently, other partner opened bank account as proprietor in the same name of firm—It cannot be said to be an act of cheating and criminal breach of trust

By | April 11th, 2020|Acquittal|

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March 2020

[DIVISION BENCH] Witness—Unreliable Material Witness—When statement of material witness of prosecution (Complainant) is not worth of credence, then no weightage can be given to the statement of other witnesses of prosecution

By | March 10th, 2020|Acquittal|

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[DIVISION BENCH] Appeal against Acquittal—Even if two views are equally balanced, it need not result in interference by the Appellate Court in the judgment of the trial Court of acquittal

By | March 10th, 2020|Acquittal|

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February 2020

Rape—Minor Girl—Determination of age—When in the school transfer certificate name of original school from which student was transferred, was not mentioned, such certificate could not be relied upon

By | February 23rd, 2020|Acquittal|

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Murder–Conduct of Eyewitnesses– Acquittal–It was very strange that when both the eye witness saw the incident happening they did not step forward to defend the deceased, they even did not bother to check whether he was alive and went to inform their brother

By | February 16th, 2020|Acquittal|

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[DIVISION BENCH] Dowry Death—Acquittal—Two suicide notes were written by deceased-­There was no allegation of demand of dowry and harassment at the hands of accused person—Leave to appeal declined

By | February 12th, 2020|Acquittal|

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[DIVISION BENCH] Murder—Missing link Evidence—Mere recovery of phone allegedly on disclosure statement by the accused from which calls were made to the deceased before his death is not sufficient for conviction

By | February 10th, 2020|Acquittal|

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[DIVISION BENCH] Rape on Minor—Acquittal—Merely because a ghastly crime has been committed, the Court cannot reduce the standard of burden of proof cast upon the prosecution

By | February 10th, 2020|Acquittal|

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Murder—Blood Stains having DNA sample were collected from the scene of crime but were not properly presented before CFSL—Thus, CFSL could not draw any conclusion—Blood stains could not be matched with blood of appellant—Accused acquitted Burden of Proof—Prosecution is under legal obligation to prove each and every ingredient of the offence beyond any doubt unless otherwise so provided by any statute—This general burden never shifts and it always rests on the prosecution

By | February 7th, 2020|Acquittal|

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[DIVISION BENCH] Murder—Weapon of Offence—Once that weapon was not exhibited before the Court, the bald testimony of Police Officer about the recovery of the weapon and its use is inadmissible—Accused acquitted Dacoity in Bank—Identification of Accused—Bank employees who were present there had narrated whole incident very clearly but failed to identify the appellants with certainty—Accused acquitted Dacoity in Bank—Mere recovery of a wrapper in which currency notes were bundled having signatures of bank employee—Accused acquitted

By | February 2nd, 2020|Acquittal|

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January 2020

[DIVISION BENCH] Murder—Criminal Conspiracy—Acquittal—Mere recovery of the weapon(s) of offense on the basis of disclosure statements of co-accused would not justify the conviction under S.302 r/wS.120-B IPC especially when main accused persons have already been acquitted

By | January 26th, 2020|Acquittal|

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Rape—DNA profile matched–Acquittal–Prosecutrix (minor girl) had gone with accused with her own consent; they performed marriage and thereafter sexual intercourse happened with her consent—Accused not aware that prosecutrix was minor at that time—Therefore matching of DMA profile cannot be ground for conviction

By | January 26th, 2020|Acquittal|

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Indian Penal Code, 1860, S.302–Murder–Weapon of Offence-Acquittal- Prosecution story that accused had cause head injury with brick and said brick was recovered from house of accused but there was no blood stains HELD brick was not sent for forensic examination-Accused acquitted.

By | January 19th, 2020|Acquittal|

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December 2019

[DIVISION BENCH] Murder–Appeal against Acquittal- Allegedly, accused caused injuries on deceased with 20 feet long iron pipe which was recovered from terrace of house of accused allegedly recovered after 8 months of incident on disclosure statement of accused—Trial Court held that virtually it was not possible to inflict injuries upon the deceased with the pipe of this length-View taken by Trial Court is possible view and does not call for interference—Leave to appeal declined

By | December 26th, 2019|Acquittal|

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Murder—Last seen together—Someone cannot be tried for offence of murder only on the strength of presumption of being dead being unheard for 7 years

By | December 26th, 2019|Acquittal|

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Narcotics—Case Property—Material Contradiction as to quantity recovered in statement of Investigating Officer in evidence and case of prosecution- -Accused acquitted Narcotics—Conscious Possession—Statutory presumption of conscious possession is not available when recovery is made in absence of accused

By | December 25th, 2019|Acquittal|

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[DIVISION BENCH] Rape—Absence of Injury—No injury found by doctor on private parts of prosecutrix—It can be inferred that she was a consenting party 

By | December 24th, 2019|Acquittal|

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DIVISION BENCH – Criminal Procedure Code, 1973, S.378–Appeal against Acquittal-Murder- When two reasonable conclusions are possible on the basis of evidence on record, the appellate Court should not disturb the finding of acquittal recorded by the trial Court

By | December 22nd, 2019|Acquittal|

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Indian Penal Code, 1860, S.380~Theft from Golak of Gururdwara Sahib- Accused acquitted-Held Mere recovery of amount on disclosure statement of the accused from house of accused without any thing to indicate it was the same money/ amount contained in the golak does not attract the offence

By | December 7th, 2019|Acquittal|

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