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.
Tag: Acquittal
K. Subramani Vs. K. Damodara Naidu-13/11/2014
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 accused to him.
Vasudev Vs State of Madhya Pradesh-01/02/2022
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 IPC and Section 27 of the Arms Act have not been proved by the prosecution beyond reasonable doubt, proving the guilt of the accused/appellant.
Power of the Indian Supreme Court to interfere with a judgment of acquittal
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 was…
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What is failure of justice in reference with criminal cases ?
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 110…
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Nachhatar Singh and Another Vs State of Punjab-03/02/2011
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 to…
Read More Nachhatar Singh and Another Vs State of Punjab-03/02/2011
Karuppanna Gounder Vs. State represented by the Inspector of Police – 17/09/2019
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 the…
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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…
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…
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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…
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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…
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…
Appellate court`s interference with the order of Acquittal
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…
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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…
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…
Read More Union of India Vs. Leen Martin & ANR.[SC 2018 February]
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