July 2019

Prosecutrix after incident did not report the matter to her parents or to the police or even to manager of the guest house or even family friend; Prosecutrix improved her version regarding three dates on which rape was committed; Appellant through his facebook chats proved that prosecutrix was aware of his marital status and children; Prosecutrix denied for her medico legal examination on two occasions-Said act and conduct cast doubt on her behavior.

By | July 29th, 2019|Acquittal|

Comments Off on Prosecutrix after incident did not report the matter to her parents or to the police or even to manager of the guest house or even family friend; Prosecutrix improved her version regarding three dates on which rape was committed; Appellant through his facebook chats proved that prosecutrix was aware of his marital status and children; Prosecutrix denied for her medico legal examination on two occasions-Said act and conduct cast doubt on her behavior.

NDPS -Head, Constable who appeared as recovery witness and who has also signed recovery memo, as per DDR, he had not gone with Sub-Inspector for patrolling purposes on that day-Accused acquitted.

By | July 24th, 2019|Acquittal|

Comments Off on NDPS -Head, Constable who appeared as recovery witness and who has also signed recovery memo, as per DDR, he had not gone with Sub-Inspector for patrolling purposes on that day-Accused acquitted.

Scheduled Castes—Knowledge to accused— Where the accused has no knowledge of the caste of the complainant, no offence under the said Act is alleged to be made out Framing of Charges—It is incumbent upon the Court to examine the material carefully to build an effective opinion

By | July 21st, 2019|Acquittal|

Comments Off on Scheduled Castes—Knowledge to accused— Where the accused has no knowledge of the caste of the complainant, no offence under the said Act is alleged to be made out Framing of Charges—It is incumbent upon the Court to examine the material carefully to build an effective opinion

June 2019

December 2018

Murder—Gunshot Injury—Not be possible to put gun under the chin and fire a gunshot, considering the length of the barrel—Accused acquitted

By | December 23rd, 2018|Acquittal|

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Indian Penal Code, 1860, S.304-B-Dowry Death-Dowry Demand-Acquittal- -Improvement in statement-In complaint father of deceased stated that motorcycle was demanded however when he was examined in the Court, he stated that accused was also demanding fridge and AC also, whereas AC and fridge were not mentioned in the complaint-Same is taken as improvement and cannot be relied upon—Accused acquitted.

By | December 23rd, 2018|Acquittal|

Comments Off on Indian Penal Code, 1860, S.304-B-Dowry Death-Dowry Demand-Acquittal- -Improvement in statement-In complaint father of deceased stated that motorcycle was demanded however when he was examined in the Court, he stated that accused was also demanding fridge and AC also, whereas AC and fridge were not mentioned in the complaint-Same is taken as improvement and cannot be relied upon—Accused acquitted.

November 2018

Indian Penal Code, 1860, S.376~Rape–Medical Evidence-Acquittal-As per evidence of doctor prosecutrix had sexual intercourse within 48 hours of her examination-Allegedly offence was committee about 43 days earlier from date of examination-Accused acquitted.

By | November 30th, 2018|Acquittal|

Comments Off on Indian Penal Code, 1860, S.376~Rape–Medical Evidence-Acquittal-As per evidence of doctor prosecutrix had sexual intercourse within 48 hours of her examination-Allegedly offence was committee about 43 days earlier from date of examination-Accused acquitted.

Dishonour of Cheque—Notice—Legal notice issued to the accused was neither signed by the complainant nor by his counsel, therefore, that is not a valid legal notice—Accused acquitted.

By | November 10th, 2018|Acquittal|

Comments Off on Dishonour of Cheque—Notice—Legal notice issued to the accused was neither signed by the complainant nor by his counsel, therefore, that is not a valid legal notice—Accused acquitted.

October 2018

Kidnapping for Ransom-Murder-Acquittal-There is no material attribution to appellant (co-accused) at the time of murder or calling for ransom-Salary slip belonging to father of deceased was recovered from the house of appellant-Held; Only this circumstance is insufficient to connect appellant with the crime beyond doubt

By | October 8th, 2018|Acquittal|

Comments Off on Kidnapping for Ransom-Murder-Acquittal-There is no material attribution to appellant (co-accused) at the time of murder or calling for ransom-Salary slip belonging to father of deceased was recovered from the house of appellant-Held; Only this circumstance is insufficient to connect appellant with the crime beyond doubt

Murder–Gunshot Injury-Acquittal-Mere recovery of pistol and the matching of bullet cannot be enough to convict the person for offence of murder, when there is absolutely no evidence to show as to who fired the bullet from the pistol and at whom it was fired-Accused acquitted.

By | October 8th, 2018|Acquittal|

Comments Off on Murder–Gunshot Injury-Acquittal-Mere recovery of pistol and the matching of bullet cannot be enough to convict the person for offence of murder, when there is absolutely no evidence to show as to who fired the bullet from the pistol and at whom it was fired-Accused acquitted.

August 2018

July 2018

Indian Penal Code, 1860, S.302~Murder–Intention to kill-Intention to cause death must not be readily inferred-Merely because accused pierced the chest of deceased with spear (ballam), it cannot be assumed that accused intended to cause death.   

By | July 24th, 2018|Acquittal|

Comments Off on Indian Penal Code, 1860, S.302~Murder–Intention to kill-Intention to cause death must not be readily inferred-Merely because accused pierced the chest of deceased with spear (ballam), it cannot be assumed that accused intended to cause death.   

Criminal Procedure Code, 1973, S.293—Expert Evidence- Admissibility of -Comparison of Signatures-Report submitted by Assistant Director (Document) could be per se admissible as the officer in the rank of Assistant Director would fall at Sr.No.E of sub-Section (4) of Section 293 CrPC—Such report not to be discarded on the ground that neither the author of the report nor any other officer, well conversant with the facts of the case who could satisfactorily depose in Court on behalf of the author of the report, has also been produced as a witness

By | July 16th, 2018|Acquittal|

Comments Off on Criminal Procedure Code, 1973, S.293—Expert Evidence- Admissibility of -Comparison of Signatures-Report submitted by Assistant Director (Document) could be per se admissible as the officer in the rank of Assistant Director would fall at Sr.No.E of sub-Section (4) of Section 293 CrPC—Such report not to be discarded on the ground that neither the author of the report nor any other officer, well conversant with the facts of the case who could satisfactorily depose in Court on behalf of the author of the report, has also been produced as a witness

June 2018

Attempt to Murder—Cruelty to Wife— Merely shifting of the victim from private hospital to Civil Hospital cannot be treated as device to let her die with mala fide intention.

By | June 12th, 2018|Acquittal|

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Criminal Breach of Trust-Forgery-Acquittal–Allegation that accused person projected himself as President of club and operated bank accounts of club for personal use and thus mis-appropriated the funds-Accused acquitted

By | June 11th, 2018|Acquittal|

Comments Off on Criminal Breach of Trust-Forgery-Acquittal–Allegation that accused person projected himself as President of club and operated bank accounts of club for personal use and thus mis-appropriated the funds-Accused acquitted

It does not appeal to reason 10/15 persons attacked the house while armed with iron rods and barchhies apart from firearm but they could not cause any injury to the complainant or his son-Acquittal on improbability of story upheld

By | June 11th, 2018|Acquittal|

Comments Off on It does not appeal to reason 10/15 persons attacked the house while armed with iron rods and barchhies apart from firearm but they could not cause any injury to the complainant or his son-Acquittal on improbability of story upheld

Murder–Gun Shot Injury-Acquittal- Attempt to Murder—Recovery of empty and live cartridges of gun of different specifications other than gun which was attributed to petitioner—Acquittal upheld

By | June 11th, 2018|Acquittal|

Comments Off on Murder–Gun Shot Injury-Acquittal- Attempt to Murder—Recovery of empty and live cartridges of gun of different specifications other than gun which was attributed to petitioner—Acquittal upheld

Indian Penal Code, 1860, S.302–Murder–Non-recovery of material objects–Administration of Poison-Acquittal-Prosecution has proved that deceased died due to intake of liquor which contained poison—However, prosecution failed to recover the material evidence i.e. liquor bottle and its residue as well as steel tumbler which allegedly contained poison

By | June 5th, 2018|Acquittal|

Comments Off on Indian Penal Code, 1860, S.302–Murder–Non-recovery of material objects–Administration of Poison-Acquittal-Prosecution has proved that deceased died due to intake of liquor which contained poison—However, prosecution failed to recover the material evidence i.e. liquor bottle and its residue as well as steel tumbler which allegedly contained poison