EVIDENCE-It is settled position of law that circumstances howsoever strong cannot take place of proof and that the guilt of the accused have to be proved by the prosecution beyond reasonable doubt.
Acquittal
Section 139 of the N.I. Act-Capacity to lend money-the complainant had no source of income to lend a sum of Rs.14 lakhs to the accused and he failed to prove that there is legally recoverable debt payable by the...
As the use of the gun itself is not established by the FSL report, therefore, the conviction under Section 27 Arms Act also is not justified. Considering all these aspects, in our considered opinion, the ingredients of Section 307/34...
The power of the Supreme Court to interfere with a judgment of acquittal-1958 The extent of the power of the Supreme Court to interfere with a judgment of acquittal was raised before us by the respondent’s counsel and it...
A conviction would be valid even if there is any omission or irregularity in the charge, provided it did not occasion a failure of justice. (2011) 1 SCALE 114 : (2011) 2 SCC 47 : (2011) 1 SCR...
Penal Code, 1860—Sections 304B and 306—Evidence Act, 1872—Section 113A—Dowry death—abetment of suicide—Accused were acquitted of offences under Section 304B but convicted under Section 306 IPC and awarded sentence of four years—Allegations against accused were that they had driven deceased...
Accused acquitted : The question is whether the death of the deceased could be attributed to the injury caused by the appellant A1. The appellant is alleged to have used the Sammatti (hammer) and he gave a blow at...
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...
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...
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....
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...
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...
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