Tag: Acquittal

If Apex Court is of opinion that acquittal is not based on a reasonable view, then it may review entire material and there will be no limitation on Apex Court’s jurisdiction under Article 136 .

In State of Rajasthan Versus Islam and others [AIR 2011 SC 2317 : JT 2011 (6) SC 452 : (2011) 6 SCALE 389 : (2011) 6 SCC 343 : (2011) 2 SCC (Cri) 951] When Supreme  Court exercises its jurisdiction under Article 136, it definitely exercises a discretionary jurisdiction but such discretionary jurisdiction has to be exercised… Read More If Apex Court is of opinion that acquittal is not based on a reasonable view, then it may review entire material and there will be no limitation on Apex Court’s jurisdiction under Article 136 .

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When the appellate court should interfere with the order of acquittal

The High Court did not even make any reference to him. It is a settled legal proposition that in exceptional cases where there are compelling circumstances, and the judgment under appeal is found to be perverse i.e. the conclusions of the courts below are contrary to the evidence on record or its entire approach in… Read More When the appellate court should interfere with the order of acquittal

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Bannareddy & Ors. Vs. State of Karnataka & Ors.[ALL SC 2018 MARCH]

KEYWORDS:-Acquittal – DATE:- March 12, 2018 The High Court should give due regard to the findings and the conclusions reached by the trial court unless strong and compelling reasons exist in the evidence itself which can dislodge the findings itself. motive becomes irrelevant in the presence of direct evidences The trial court noted that the victims… Read More Bannareddy & Ors. Vs. State of Karnataka & Ors.[ALL SC 2018 MARCH]

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Sudhakar @ Sudharasan Vs. State represented by The Inspector of Police, Srirangam Police Station, Trichy, Tamil Nadu[ALL SC 2018 MARCH]

KEYWORDS:-MURDER-ACQUITTAL DATE:- March 12, 2018. It is settled law that there cannot be any hard and fast rule that the evidence of interested witness cannot be taken into consideration and they cannot be termed as witnesses. But, the only burden that would be cast upon the Courts in those cases is that the Courts have to… Read More Sudhakar @ Sudharasan Vs. State represented by The Inspector of Police, Srirangam Police Station, Trichy, Tamil Nadu[ALL SC 2018 MARCH]

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While dealing with a judgment of Acquittal, an appellate court must consider the entire evidence on record

Supreme Court in Dr. Sunil Kumar Sambhudayal Gupta and Ors. v. State of Maharashtra, JT 2010 (12) SC 287, considered various aspects of dealing with a case of Acquittal and after placing reliance upon earlier judgments of this Court particularly in Balak Ram and Anr. v. State of U.P., AIR 1974 SC 2165; Budh Singh… Read More While dealing with a judgment of Acquittal, an appellate court must consider the entire evidence on record

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Guidelines for the High Court to interfere with the judgment and order of Acquittal passed by the Trial Court

 Supreme Court  has laid down the guidelines for the High Court to interfere with the judgment and order of Acquittal passed by the Trial Court. The appellate court should not ordinarily set aside a judgment of Acquittal in a case where two views are possible, though the view of the Appellate Court may be more… Read More Guidelines for the High Court to interfere with the judgment and order of Acquittal passed by the Trial Court

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Union of India Vs. Leen Martin & ANR.[SC 2018 February]

KEYWORDS:- NDPS-statement of official witness-ACQUITTAL – DATE :- February 01, 2018 When the statement of official witness is impaired due to infirmities, it is not safe to place reliance upon the same and pass conviction order against the accused. ACTS:-  Under sections 8(c), punishable under Section 20(b)(ii) (c) and under Section 28 read with Section 23… Read More Union of India Vs. Leen Martin & ANR.[SC 2018 February]

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Kailash Gour and Others Vs State of Assam [SC 2011 December]

KEYWORDS : Communal disturbance-Delay- murder acquittal DATE:- 15-12-2011- Every accused is presumed to be innocent unless his guilt is proved. The Presumption of innocence is human right. Subject to the statutory exceptions, the said principle forms the basis of criminal jurisprudence in India. there can only be one set of rules and standards when it comes to… Read More Kailash Gour and Others Vs State of Assam [SC 2011 December]

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