19 August 2019


Search Results for Tag : Acquittal

Judgments

Court cannot rely on unreliable witness to convict one and acquit another(03.03.2016)

An undependable and unreliable witness’s testimony cannot be split to grant benefit to some co-accused in the crime, while maintaining conviction of a.....

Tags : Unreliable witness, split testimony, acquittal

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Court has to be very cautious in interfering with an appeal unless there are compelling and substantial grounds to interfere with order of acquittal(09.11.2016)

Instant appeal arises out of judgment passed by the High Court of Madhya Pradesh, whereby the High Court has partly allowed the appeal preferred by th.....

Tags : Acquittal, Appellate Court, Interference, Scope

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When exercising appellate jurisdiction, Supreme Court has power to pass any order(11.04.2017)

Respondent was convicted by trial Court under Sections 302 and 201 of Indian Penal Code, 1860 for having committed murder of his wife and daughter and.....

Tags : Acquittal, Validity, Benefit of doubt

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Guilt of Accused must be proved beyond all reasonable doubts(19.04.2017)

Instant appeal is against judgment passed by High Court, whereby High Court while allowing appeal of Respondent Nos. 1 & 2, set-aside judgment convict.....

Tags : Acquittal, Validity, Evidence, Credibility

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Direction to give foot-prints for corroboration of evidence is not violative of protection guaranteed under Article 20 (3) of Constitution(02.05.2017)

Present appeals is against judgment passed by High Court, whereby judgment passed by Additional Sessions Judge, was set aside and Accused-Respondent w.....

Tags : Acquittal, Validity, Circumstantial evidence

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Minor discrepancies not to be given undue emphasis and evidence is to be considered from point of view of trustworthiness(10.11.2016)

Accused was charged with commission of offence under Section 20(b) (ii)(C) of Narcotic Drugs & Psychotropic Substances Act, 1985, wherein he pleaded n.....

Tags : Acquittal, Validity, Charas, Recovery

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Absence of any overt act of assault, exhortation or possession of weapon cannot be singularly determinative of absence of common intention(01.08.2017)

In present case, conviction of Respondent No. 2, under Section 302/34 of Indian Penal Code, 1860 (IPC) by Sessions Judge has been reversed by High Cou.....

Tags : Common Intention, Acquittal, Validity

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When any fact is especially within the knowledge of any person, the burden of proof to prove that fact is upon him(12.10.2017)

Present two criminal appeals have been preferred by the Appellants Dr. Nupul Talwar and Dr. Rajesh Talwar under Section 374(2) of the Code of Criminal.....

Tags : Acquittal, Circumstantial evidence, Benefit of doubt

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Unless there is any kind of illegality in the impugned judgment of acquittal, Supreme Court cannot interfere in such judgment(13.11.2017)

Present appeal is filed by the State against the final judgment and order passed by the High Court of whereby the High Court allowed the appeal filed .....

Tags : Acquittal, Validity, Evidence, Contradiction

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Appellate Court has ample powers to order further inquiry or retrial and in case of acquittal even for committing for trial and also has power to award sentence if accused is found guilty(19.12.2017)

The Applicant has challenged the judgment passed by the learned Sessions Court reversing the judgment of acquittal in favour of the Applicant by the l.....

Tags : Acquittal, Reversal, Validity

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Proved circumstances must be consistent only with hypothesis of guilt of Accused and totally inconsistent with his innocence(08.01.2018)

Present appeal preferred by the State challenges the judgment of the High Court acquitting the Respondent under Section 302 of Indian Penal Code, 186.....

Tags : Acquittal, Validity, Evidence, Credibility

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Appellate Court cannot interfere with order of acquittal if the view taken by Trial Court is reasonable and findings recorded by it are not manifestly erroneous or contrary to the evidence on record(09.01.2018)

The Superintendent of Police, Central Bureau of Investigation, Anti-Corruption Bureau, Jammu, has filed this appeal against the judgment of acquittal .....

Tags : Illegal gratification, Acquittal, Validity

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In bribe cases, it is for the prosecution to prove demand and acceptance beyond reasonable doubt(02.03.2018)

The Appellants 1 & 2 were tried before the learned Assistant and Sessions Judge-cum-Chief Judicial Magistrate, on the allegation that, on 5th April, 2.....

Tags : Illegal gratification, Proof, Acquittal

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In a free fight, invocation of right of private defence by one party would be valid where it was not possible to weed out the instigator and the attacker(08.03.2018)

By means of the present revision, the revisionist has challenged the judgment and order passed by the learned Additional District and Sessions Judge, .....

Tags : Acquittal, Private defence, Right

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Order of acquittal passed by first Appellate Court cannot be reversed, merely because re-appreciation of evidence leads to another possible view, unless view taken for acquittal is manifestly illegal(24.05.2018)

Aggrieved by the Judgment passed by the learned Fast Track Court Judge, the State has preferred present appeal. By the impugned Judgment and Order, th.....

Tags : Acquittal, Validity, Evidence, Credibility

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A finding may be said to be perverse, if it is against weight of evidence, or if finding so outrageously defies logic as to suffer from vice of irrationality(31.05.2018)

In present case, aggrieved by the order of acquittal passed by the learned Additional Sessions Judge, in favour of the Respondent, who had been charge.....

Tags : Investigation, Acquittal, Validity

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When findings recorded by Trial Court is based upon appreciation of evidence, High Court should not reverse Trial Court’s judgment(17.07.2018)

Present appeals arise out of the judgment passed by the High Court by which the High Court reversed the verdict of conviction passed by the trial Cour.....

Tags : Acquittal, Validity, Presumption

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A TIP has to be conducted timely, if not, then the delay has to be explained(10.12.2018)

Present appeals by special leave arise out of the common impugned judgment passed by the High Court, whereby the High Court has reversed the judgment .....

Tags : Investigation, Lapse, Acquittal, Validity

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Presumption of innocence in favour of Accused is fortified by acquittal order; if view of High Court is reasonable, present court should not interfere with same(14.01.2019)

The instant appeals arise from the judgments of the High Court passed in Death Reference and Criminal Appeal. Vide the impugned judgments, the High Co.....

Tags : Acquittal, Evidence, Credibility

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There must be in existence, proximate live link between facts of cruelty in connection with demand of dowry and death in order to attract Section 304B of IPC(22.02.2019)

Present appeals have been preferred by the State and the father of the victim, challenging the judgment passed by the Special Additional Sessions Judg.....

Tags : Acquittal, Cruelty, Proof

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Accused had to prove in the trial by leading cogent evidence that, there was no debt or liability(29.10.2018)

It is the case of the Complainant that, the Accused borrowed a sum of Rs. 25,000 from him and in discharge of the said loan, the Accused issued the ch.....

Tags : Cheque, Dishonour, Acquittal, Validity

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When two views are possible, the Appellate Court should not reverse a judgment of acquittal, merely because another view was possible(29.04.2019)

The State has instituted the present petition seeking grant of leave to assail the judgment in Session Case arising out of FIR under Sections 376 of I.....

Tags : Acquittal, Evidence, Credibility

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High Court should not interfere with order of acquittal, if the view taken by trial court is a reasonable view based on evidence(04.06.2019)

By way of the instant appeal, a challenge is laid to the judgment passed by the Court of 2nd Additional Sessions Judge, in the case arising out of FI.....

Tags : Acquittal, Evidence, Legality

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There must be a complete chain of evidence as not to leave any reasonable ground for a conclusion consistent with innocence of Accused(16.07.2019)

Present appeals have been filed by the prosecution assailing the judgment of the High Court acquitting the Respondents charged for the offences under .....

Tags : Circumstantial evidence, Acquittal, Legality

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News

Order of Acquittal can’t be Interfered with on Ground that Different View is Possible: SC(05.12.2018)

Supreme Court has asserted that an order of acquittal cannot be interfered with on the ground that a different view was possible on the basis of evide.....

Tags : Supreme Court, Acquittal can’t be Interfered with on Ground that Different View is Possible

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Employee Not Entitled to Full Back Wages on Acquittal, Unless Prosecution Found Malicious: SC(02.04.2019)

Supreme Court has held that the employer cannot be mulcted with full back wages on the acquittal of an employee by a criminal Court, unless it is foun.....

Tags : Supreme Court, Full Back Wages on Acquittal

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Bombay High Court: Witness to Crime Can’t Challenge Judgment of Acquittal(31.07.2018)

Bombay High Court has held that an eye witness cannot circuitously impugn or appeal against a judgment of acquittal and seek a re-trial under Section .....

Tags : Bombay High Court, Acquittal

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Supreme Court: Case Filed Against Acquittal Should Mention Period of Custody Undergone By Accused(06.11.2017)

Supreme Court has directed the Registry to ensure that all cases filed before it against an acquittal must mention the period of custody undergone by .....

Tags : Supreme Court, Accused, Acquittal

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Allahabad High Court: ‘Acquittal Obtained by Fraud is No Acquittal’(15.03.2017)

Allahabad High Court has held that when an acquittal was obtained by playing fraud upon Court, it is no acquittal in eyes of law, and in such a case b.....

Tags : Allahabad High Court, acquittal

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Supreme Court: High Court's Leave Must For Filing Appeal Against Acquittal Order By Victim(13.04.2017)

Supreme Court has said that a victim in a criminal case cannot file an appeal against an order of acquittal without permission of High Court concerned.....

Tags : Supreme Court, Acquittal Order

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Madhya Pradesh High Court Acquits Man 10 Years After His Death(25.05.2017)

Madhya Pradesh High Court has acquitted a deceased person from charges under sections 294 and 506 II of IPC due to lack of evidence.

Tags : Madhya Pradesh High Court, Indian Penal Code, Acquittal

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Bombay High Court Affirms Acquittal of Man Charged for Raping Sister-In-Law(07.08.2015)

Bombay High Court has acquitted a 27-year-old man of charge of raping his sister-in-law.

Tags : Bombay High Court, Acquittal, Sister-in-law

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Bombay High Court Sets Aside Acquittal of Accused Charged for Murder(10.08.2015)

Bombay High Court has convicted and awarded life imprisonment to a 22-year-old man for murder. High Court observed that prosecution’s case had been p.....

Tags : Bombay High Court, Acquittal, Murder

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International Cases

Existence of propensity must be proved to the criminal standard(19.10.2016)

Respondent, Ms Mitchell was convicted of murder of her former partner Anthony Robin. At trial, she did not dispute that she had stabbed Mr Robin, but .....

Tags : Murder, Acquittal, Quashing

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Officer of the Department or an agent of Chief Executive Officer (CEO) may serve a Notice on his behalf without a formal written delegation from CEO(25.05.2018)

In instant case, the Respondent was charged with offence of driving a motor vehicle whilst not being a person authorised to do so, for the reason that.....

Tags : Power, Delegation, Acquittal, Validity

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