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|

Comments Off on 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

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|

Comments Off on 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

[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|

Comments Off on [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

[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|

Comments Off on [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

[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|

Comments Off on [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

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|

Comments Off on 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

[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|

Comments Off on [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

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|

Comments Off on [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

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|

Comments Off on 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

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|

Comments Off on 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.

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|

Comments Off on [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

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|

Comments Off on 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

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|

Comments Off on 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

[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|

Comments Off on [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 

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|

Comments Off on 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

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|

Comments Off on 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

October 2019

September 2019

Murder—Post Mortem Report—Doctors who conducted the post mortem examination gave different opinion on the different dates on the mere asking of the police—Such conduct of doctors cause dent in prosecution story—Accused acquitted. Extra Judicial Confession—Exact words—When prosecution witness failed to reproduce extra-judicial confession made to him in exact words or even in the words as nearly as possible then confession cannot he relied upon

By | September 4th, 2019|Acquittal|

Comments Off on Murder—Post Mortem Report—Doctors who conducted the post mortem examination gave different opinion on the different dates on the mere asking of the police—Such conduct of doctors cause dent in prosecution story—Accused acquitted. Extra Judicial Confession—Exact words—When prosecution witness failed to reproduce extra-judicial confession made to him in exact words or even in the words as nearly as possible then confession cannot he relied upon

Murder—False Implications—Acquittal—Due to previous enmity and simmering feelings, complainant may falsely implicate the entire family although one or only few members of that family is involved in crime

By | September 4th, 2019|Acquittal|

Comments Off on Murder—False Implications—Acquittal—Due to previous enmity and simmering feelings, complainant may falsely implicate the entire family although one or only few members of that family is involved in crime