Search Results for Tag : acquittal
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
Inconsistencies and imperfections in evidence of prosecution witnesses cannot justify finding of no case to answer at law(03.03.2020)
In present case, on 7 August 2019, following a trial in the Magistrates Court, the Respondent was acquitted of one charge of obstructing a security of.....
Tags : Acquittal, Legality, New trial
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
A company and its sole director are vicariously criminally liable for the acts of one of company's employees, if the discharge or abandonment occurs as a result of positive act(01.05.2020)
Present appeal principally concerns whether a company and its sole director are vicariously criminally liable for the acts of one of the company's emp.....
Tags : Illegal dumping, vicarious liability, acquittal
News
Kerala HC Acquits Two Non-Tribal Person Arraigned as Accused in Rape and Murder of Tribal Woman(22.07.2021)
Kerala High Court has acquitted two non-tribal persons who were arraigned as accused in the case relating to the rape and murder of a tribal woman fol.....
Tags : Kerala High Court, Acquittal of Tribal Persons
Guj. HC Upholds Acquittal of POCSO Accused, Disbelieves Prosecutrix's Birth Certificate(24.08.2022)
Gujarat High Court while upholding acquittal of an accused under POCSO Act on ground that victim's allegations were unreliable and contained several o.....
Tags : Gujarat High Court, POCSO, Acquittal
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
Patna HC Acquits Rape & Murder Accused Who Was Sentenced to Death by Trial Court(21.10.2020)
Patna High Court acquitted a rape and murder accused setting aside the death sentence awarded by the Trial Court.
Tags : Patna High Court, Acquittal of Rape and Murder Accused
SC: Suspicion However Strong Cannot be Ground for Conviction(12.08.2022)
Supreme Court while acquitting accused in a murder case, has held that an accused cannot be convicted on the ground of suspicion, no matter how strong.....
Tags : Supreme Court, Acquittal, Suspicion
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
SC: Employee Dismissed After Disciplinary Proceeding Can’t be Reinstated Merely Because of Acquittal(05.09.2022)
Supreme Court has held that an employee who was dismissed from service pursuant to disciplinary enquiry cannot be reinstated merely because he is acqu.....
Tags : Supreme Court, Disciplinary Enquiry, Acquittal
Kar. HC: Acquittal Order Can’t be Put in Challenge by Stranger to the Case(22.09.2023)
Karnataka High Court has held that a fresh investigation upon acquittal or conviction of the accused cannot be ordered for an askance by persons who w.....
Tags : Karnataka High Court, Acquittal Order, Investigation, Stranger
Madras HC:Plea to Declare Acquittal Judgment of Lower Court as "Honourable Acquittal"not Maintainable(20.11.2019)
Madras High Court has ruled that a Revision or a Petition under Section 482 of the Code of Criminal Procedure, 1973 seeking declaration to declare tha.....
Tags : Madras HC, Acquittal
Madras HC Reverses Acquittal of School Teacher for Sexually Assaulting 4 Year Old Student(20.10.2021)
Madras High Court has set aside a trial court order acquitting a school teacher in Puducherry who had been charged with sexual assaulting a minor stud.....
Tags : Madras High Court, Acquittal of School Teacher for Sexually Assaulting Student
Kar. HC Directs Media Outlets to Block Articles Displaying Names of 2 Acquitted of Alleged Crimes(04.08.2022)
Karnataka High Court has directed 17 media outlets to temporarily block articles, videos and comments displaying names of two Petitioners in connectio.....
Tags : Karnataka High Court, Media, Acquittal, Temporarily Block
Kerala HC: Mere Failure to Secure Presence Of Crucial Witnesses Not Ground To Acquit Accused(05.08.2022)
Kerala High Court has held that the non-examination of crucial witnesses or the investigating officer by itself is not a sufficient reason to disbelie.....
Tags : Kerala High Court, Witness, Acquittal
Chhattisgarh High Court: Revision Against Acquittal by Victim not Valid(03.10.2019)
Chhattisgarh High Court has clarified that a revision petition cannot be entertained where an appeal lies and has held that revision against acquittal.....
Tags : Chhattisgarh High Court, Acquittal
Ker. HC: Court’s Satisfaction Required for Composition to have effect of Acquittal(27.10.2023)
Kerala High Court has held that even if the offence is compoundable without permission of Court, the composition shall have the effect of acquittal on.....
Tags : Kerala High Court, Compoundable, Acquittal
Cal. HC Acquits Man Convicted 34 Years Ago by Trial Court for Allegedly Abetting Wife's Suicide(03.10.2022)
Calcutta High Court has acquitted a man convicted by the trial court of abetting the suicide of his wife 36 years ago by inflicting cruelty upon her. .....
Tags : Calcutta High Court, Abetting Suicide, Acquittal
SC: Disciplinary Proceedings can be Quashed if Accused is Acquitted in Criminal Case on Same Charges(07.12.2023)
Supreme Court has held that although acquittal by a criminal court will not confer on the employee a right to claim any benefit, including reinstateme.....
Tags : Supreme Court, Disciplinary Proceedings, Acquittal
SC Acquits Man Convicted for Alleged Rape & Murder of Minor Girl Without Any Evidence(29.09.2022)
Supreme Court while acquitting a man who was sentenced to death for alleged rape and murder of a six year old girl, has noted that there are serious i.....
Tags : Supreme Court, Acquittal, Rape, Murder
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
Calcutta HC Acquits Man of Rape Charges on Failure to Fructify Promise to Marry(09.12.2021)
Calcutta High Court has acquitted a man of rape charges while noting that it would be incorrect to punish someone for the offence of rape if the promi.....
Tags : Calcutta High Court, Acquittal of Man of Rape Charges
Supreme Court: Acquittal under PC Act Cannot be Based Only on the Ground of Invalid Sanction(24.01.2024)
Supreme Court has held that acquittal of an accused under the Prevention of Corruption Act (PC Act) cannot be based on the sole ground of invalid sanc.....
Tags : Supreme Court, Invalid Sanction, Acquittal, Prevention of Corruption Act
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
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
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
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
SC Explains Principles That Appellate Courts Should Follow While Deciding Acquittal Appeals(15.02.2024)
Supreme Court has observed that if through appreciation of evidence two possible views are being made out then the Appellate Court cannot reverse the .....
Tags : Supreme Court, Acquittal Appeals, Trial Court
SC Acquits 3 Men Who Were Sentenced to Death in Chhawla Rape & Murder Case(08.11.2022)
Supreme Court has acquitted three men accused in 2012 Chawla gang rape case who were sentenced to death by Delhi High Court.
Tags : Supreme Court, Acquittal, Chawla Gang Rape
Ch. HC: Appeal Against Acquittal Order u/s 138 of NI Act Lies to HC u/s 378(4) of CrPC(10.01.2024)
Chhattisgarh High Court has held that an appeal against orders of acquittal under Section 138 of the Negotiable Instruments Act, 1881 shall lie to the.....
Tags : Chhattisgarh High Court, Appeal, Acquittal, Negotiable Instruments Act, CrPC
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
SC Acquits Three Death Row Convicts, Holds Prosecution Utterly Failed To Prove Case(16.12.2021)
Supreme Court has acquitted three murder accused who were sentenced to death by the Trial Court and the Allahabad High Court. The Court has observed t.....
Tags : Supreme Court, Acquittal of Three Death Row Convicts
Gujarat HC: Appellate Court Cannot Substitute Own View by Reversing Acquittal Into Conviction(04.02.2022)
Gujarat High Court has held that while dealing with the judgment of acquittal, the Appellate Court cannot substitute its own view by reversing the acq.....
Tags : Gujarat High Court, Reversing Acquittal Into Conviction
Madras HC to State: Compensate Man Detained for 8 Months Despite Acquittal(16.01.2023)
Madras High Court has directed State to award interim compensation to a man who was illegally detained in prison for more than 8 months even after the.....
Tags : Madras High Court, Compensation, Acquittal
Principles to be Followed by Appellate Court While Reversing Acquittal, Restated by Supreme Court(22.04.2024)
SC has restated the principles to be followed by appellate court while reversing acquittal which include judgement suffering from patent perversity, j.....
Tags : Supreme Court, Appellate Court, Acquittal
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
Cal. HC: Advocate's Mistake Should Not Prejudice Party's Rights(07.02.2023)
Calcutta High Court while observing that mistake on part of advocate representing any party shouldn’t act as prejudice against rights of a party, has .....
Tags : Calcutta High Court, Mistake, Acquittal, Negotiable Instruments
Guj. HC: Terminated Employee Not Automatically Entitled to Back Wages Upon Acquittal(15.03.2023)
Gujarat High Court has held that when an employee is terminated due to criminal prosecution against him, he is not automatically entitled to back wage.....
Tags : Gujarat High Court, Termination, Back Wages, Acquittal
Gujarat HC: It Is The Right Of Accused Under NDPS Act To Be Searched In Presence Of Magistrate(08.03.2022)
Gujarat High Court has confirmed the order of the acquittal by the lower Court on the ground that the Respondent-Accused was not made aware of his rig.....
Tags : Gujarat High Court, Acquittal Order, Right of Accused
Ker. HC: Affidavit Explaining Delay Sufficient When Victim Appeals Against Acquittal(23.03.2023)
Kerala High Court has held that a delay condonation petition is not required to be filed by a victim who prefers an appeal against acquittal even afte.....
Tags : Kerala High Court, Appeal, Acquittal, Condonation, Delay
SC Acquits Man Convicted for Taken Bribe of Rs. 300 Twenty Years Ago(24.03.2023)
Supreme Court while observing that demand and recovery both must be proved to sustain conviction under Prevention of Corruption Act, 1988, has acquitt.....
Tags : Supreme Court, Acquittal, Prevention of Corruption
SC Affirms Acquittal of Death Row Convicts in Chhawla Rape-Murder Case(29.03.2023)
Supreme Court while dismissing review petitions against acquittal of three persons in 2012 Chhawla Rape-Murder Case, has observed that even if an even.....
Tags : Supreme Court, Chhawla Rape-Murder Case, Review Petitions, Acquittal
Guj. HC: Prosecution’s Inability to Establish Identity of Dead Body Not Ground for Acquittal(29.03.2023)
Gujarat High Court has held that inability of the prosecution to establish the identity of the dead-body on the basis of DNA report, is not sufficient.....
Tags : Gujarat High Court, Acquittal, Dead Body, Identity, DNA Report
Uttarakhand HC: Non-Compliance of Section 50 NDPS Act is Sufficient for Acquittal(13.04.2023)
Uttarakhand High Court while observing that non-complaince with Section 50 of NDPS Act makes sufficient case for acquittal, has acquitting a person w.....
Tags : Uttarakhand High Court, Non-Compliance, NDPS, Acquittal
SC Sets Aside Order Acquitting GN Saibaba & Ors. in Case Alleging their Maoist Links(19.04.2023)
Supreme Court has set aside Bombay High Court order which acquitted Delhi University professor and activist GN Saibaba and others over their alleged M.....
Tags : Supreme Court, Acquittal, GN Saibaba, Maoist Links
SC: If Acquittal is Reversed, Appellate Court Should Hear Accused Separately for Quantum of Sentence(21.04.2023)
Supreme Court has observed that when appellate court reverses the order of acquittal passed by trail court, appellate court was obliged under law to h.....
Tags : Supreme Court, Acquittal, Quantum of Sentence
Cal HC: Mere Acquittal Doesn’t Stop Concerned Authority from Continuing Departmental Inquiry(21.04.2023)
Calcutta High Court has held that merely because an accused has been acquitted, the power of the concerned authority to continue with the departmental.....
Tags : Calcutta High Court, Acquittal, Departmental Inquiry
Delhi High Court: Appellate Court Cannot Obstruct Lightly with Order of Acquittal(04.09.2019)
Delhi High Court has observed that an order of acquittal in a criminal case cannot be interfered with lightly by an Appellate Court. The Court pointed.....
Tags : Delhi High Court, Acquittal
Karnataka HC Directs State to Correct Practice of Giving Opinion for Filing Appeals Against Acquittal(22.06.2021)
Karnataka High Court has directed the state government to correct the practise followed by the prosecution department of commencing the work of giving.....
Tags : Karnataka High Court, Practice of Giving Opinion for Filing Appeals Against Acquittals
SC: Sentence Can be Suspended U/S 389 CrPC Only if Convict Has Fair Chances of Acquittal(04.05.2023)
Supreme Court has held that in order to suspend sentence under Section 389 of CrPC only if Court can arrive at a prima facie satisfaction that the con.....
Tags : Supreme Court, CrPC, Sentence, Acquittal
Orissa HC: HC Can Acquit Convict Even Without Appeal to Prevent Injustice(08.05.2023)
Orissa High Court has held that even if the convict does not prefer an appeal against his conviction, the High Court has power to acquit him on the ba.....
Tags : Orissa High Court, Acquittal, Appeal, Injustice
SC: In Acquittal Appeal, HC to Record Clear Finding While Reversing Judgement(20.09.2024)
Supreme Court has observed that it is not permissible for the Appellate Courts to reverse a well reasoned judgement given by the Trial Court and if th.....
Tags : High Court, Trial Court, Acquittal
Judgments
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
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
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
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
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
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
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
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
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
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
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
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
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
If cheque is not issued for discharge of any debt or other liability, Section 138 of NI Act cannot be invoked(15.11.2019)
Present is an appeal filed under Section 378 of the Code of Criminal Procedure, 1973 (CrPC) impugning an order and judgment passed by the Judicial Mag.....
Tags : Cheque, Liability, Acquittal
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
When accused secures acquittal, presumption of his innocence is further reinforced(17.02.2020)
Present is an appeal filed by the State impugning an order and judgment passed by the Chief Judicial Magistrate, acquitting accused of charges under S.....
Tags : Acquittal, Legality
If the circumstance is sought to be proved by a solitary witness then the Court has to be conscious on relying that solitary evidence(01.10.2020)
The State of Bihar has challenged the judgment of acquittal passed by the learned 2nd Additional Sessions Judge, whereby Respondent nos. 1 to 3 have b.....
Tags : Acquittal, Evidence, Witnesses
Reinstatement cannot flow as a matter of right, when acquittal is not an honourable acquittal(10.02.2022)
The present petition has been filed assailing the order of the Respondent, whereby the Petitioner was dismissed from service under Rule 19(i) of the C.....
Tags : Acquittal, Reinstatement, Entitlement
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
A conviction can be based on the basis of the deposition of the sole eye witness(14.10.2022)
The State has preferred the present appeals dissatisfied with the impugned judgment and order passed by the High Court by which the High Court has all.....
Tags : Acquittal, Deposition, Legality
Presumption of innocence of accused is further reinforced by acquittal by the trial Court(23.12.2022)
Present appeal against acquittal is filed by the State challenging the judgment and order passed by the learned Special Judge and Additional Sessions .....
Tags : Innocence, Acquittal, Legality
Where the complainant had already been examined as a witness in the case, Court cannot acquit accused merely on non-appearance of the complainant(01.03.2023)
Present appeals are directed against the judgment and order passed by Delhi High Court dismissing petition filed by the Appellant against the order le.....
Tags : Non-appearance, Acquittal, Legality
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
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
In an appeal against acquittal, the power of the appellate court to reappreciate evidence and come to its own conclusion is not circumscribed by any limitation(17.07.2023)
Present appeal assails the judgment and order of the High Court. By the said order, though the delay in preferring the appeal against the judgment and.....
Tags : Evidence, Acquittal, Legality
In case of trivial matter, Court can refuse to draw the presumption of corruption(03.10.2023)
Present appeal is filed by the Appellant/original complainant against the judgment delivered by the Special Judge (under the Prevention of Corruption .....
Tags : Inconsistencies, Evidence, Acquittal
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
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
Public servant should have disobeyed any directions of law with intention to save any person from legal punishment in order to make out offence under Section 217 of IPC(26.11.2019)
Present appeals arise out of the judgment and order passed by the High Court by which the High Court set aside the order of acquittal passed by the Pr.....
Tags : Acquittal, Reversal, Legality
A Magistrate is expected to be vigilant and not a silent spectator while conducting a trial(08.01.2024)
The challenge in present Appeal is to the Judgment passed by the learned Metropolitan Magistrate, whereby the accused/ Respondents No.1 and 2 came to .....
Tags : Acquittal, Defect, Curing of
Once doubt regarding loan transaction creeps in, benefit goes to accused(27.02.2024)
In present matter, case was filed by present Appellant setting up a case that, out of friendly relations and due to financial need he gave loan of Rs......
Tags : Chequebounce, Acquittal, Legality
Benefit under Section 139 of the NI Act cannot be availed if the accused raises a plausible defence, which creates doubts about the existence of a legally enforceable debt(15.01.2024)
The legality, propriety and correctness of the Judgment passed by the learned Metropolitan Magistrate, whereby the Respondent No. 1/accused came to be.....
Tags : Acquittal, Debt, Existence
Unless the finding of acquittal is found to be perverse or impossible, interference with the same would not be warranted(02.04.2024)
The present appeal challenges the judgment passed by the High Court, thereby allowing the appeal of the Respondent-State. The High Court, reversing th.....
Tags : Acquittal, Reversal, Legality
Fundamental burden is on complainant to prove existence of legally enforceable debt(11.06.2024)
The original complainant, who instituted proceeding under Section 138 of the Negotiable Instruments Act, 1881 (N.I. Act), is dissatisfied by the judgm.....
Tags : Presumption, Acquittal, Legality
Unless the findings are patently incorrect and against the evidence, an order of acquittal cannot be reversed(26.06.2024)
Present is an appeal against acquittal. The de facto complainant/victim is the Appellant. He expired and his legal heirs are the additional appellants.....
Tags : Acquittal, Evidence, Legality
Mere deficiencies in investigation can't be basis for concluding bias by Investigating Officer(26.10.2020)
Present Criminal Appeals have been preferred against a common judgment of the High Court by which the appellants’ acquittal under Section 20 of the Na.....
Tags : Acquittal, Reversal, Legality
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
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
Minor variations between medical evidence and ocular evidence do not take away primacy of the latter(18.12.2019)
The State as Appellant assails the acquittal of the three Respondents by the High Court, reversing their conviction under Sections 302/149, 307/149, 1.....
Tags : Unlawful assembly, Acquittal, Legality
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
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
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