October 2020

Arms Act—Licensed weapon—Substantive charge under Section 307 IPC was not proved—Conviction under the Arms Act is also not sustainable

By | October 25th, 2020|Acquittal|

Read More
Comments Off on Arms Act—Licensed weapon—Substantive charge under Section 307 IPC was not proved—Conviction under the Arms Act is also not sustainable

Abetment to Suicide—Instigation—A word uttered in a fit of anger or emotion without intending the consequences to actually follow, it cannot be said to be instigation —No evidence of un-natural death by way of post mortem examination or inquest proceedings—Acquittal

By | October 4th, 2020|Acquittal|

Read More
Comments Off on Abetment to Suicide—Instigation—A word uttered in a fit of anger or emotion without intending the consequences to actually follow, it cannot be said to be instigation —No evidence of un-natural death by way of post mortem examination or inquest proceedings—Acquittal

September 2020

Snatching—Acquittal—Complainant categorically stated that he could not identify the assailants as they were in muffled faces—Conviction set aside

By | September 10th, 2020|Acquittal|

Read More
Comments Off on Snatching—Acquittal—Complainant categorically stated that he could not identify the assailants as they were in muffled faces—Conviction set aside

August 2020

DB : The appellants, were charged with and tried for offences punishable under Sections 302, 201 read with Section 34 of the Indian Penal code HELD it is held that the prosecution has not been able to prove the case against the accused beyond reasonable doubt.

By | August 19th, 2020|Acquittal|

Read More
Comments Off on DB : The appellants, were charged with and tried for offences punishable under Sections 302, 201 read with Section 34 of the Indian Penal code HELD it is held that the prosecution has not been able to prove the case against the accused beyond reasonable doubt.

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|

Read More
Comments Off on 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

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|

Read More
Comments Off on 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

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|

Read More
Comments Off on [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

[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|

Read More
Comments Off on [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

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|

Read More
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|

Read More
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|

Read More
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|

Read More
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|

Read More
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|

Read More
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|

Read More
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|

Read More
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|

Read More
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|

Read More
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|

Read More
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|

Read More
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
Copyright 2020 ABOUT PH LAW | All Rights Reserved |