SC Acquits Two Men Sentenced To Death By Chhattisgarh HC [Read Judgment]
5 years, 10 months ago

SC Acquits Two Men Sentenced To Death By Chhattisgarh HC [Read Judgment]

Live Law  

In yet another judgment delivered on Tuesday, the Supreme Court acquitted two men whose death sentence was confirmed by the Chhattisgarh High Court. Perusing the evidence on record, the bench noted that the case of prosecution mainly relied on the deposition made by the child witness. The bench said: "This Court has consistently held that evidence of a child witness must be evaluated carefully as the child may be swayed by what others tell him and he is an easy prey to tutoring. On 'last seen together' aspect, the bench said that, to constitute the last seen together factor as an incriminating circumstance, there must be close proximity between the time of seeing and recovery of dead body.

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History of this topic

Accused Cannot Claim Acquittal On Ground Of Faulty Investigation : Supreme Court
3 days, 3 hours ago

Accused Cannot Claim Acquittal On Ground Of Faulty Investigation : Supreme Court

Live Law  

The Supreme Court held that the accused cannot claim acquittal solely on grounds of faulty investigation. It has been a consistent stand of this court that the accused cannot claim acquittal on the ground of faulty investigation done by the prosecuting agency.,'' held Justices Sudhanshu Dhulia and Prasanna B. Varale. Another important principle discussed by the Court was “falsus in …

'Major Contradictions In Statements Of Police/ Eyewitnesses': Allahabad HC Acquits 3 Murder Accused In 23 Year Old Case
5 months, 1 week ago

'Major Contradictions In Statements Of Police/ Eyewitnesses': Allahabad HC Acquits 3 Murder Accused In 23 Year Old Case

Live Law  

The Allahabad High Court on Monday set aside the conviction and acquitted three men who were sentenced to life imprisonment for committing the offence of murder after noting that there were significant contradictions in the statements of eyewitnesses and police witnesses. “Considering the evidence and other material on record in its entirety, we are of the view that the learned …

Testimony Of Sole Eyewitness Who Is The Complainant Needs Examination With Great Caution : Supreme Court
1 year ago

Testimony Of Sole Eyewitness Who Is The Complainant Needs Examination With Great Caution : Supreme Court

Live Law  

Recently, the Supreme Court, observed that in a case where the appellant/complainant was an interested sole eyewitness being the father of the deceased and had long enmity with the accused persons, his testimony has to be examined with great caution. The Bench of Justices Abhay S. Oka and Pankaj Mithal made these observations while affirming the impugned order of the …

‘Trial court lost its way in minor details’: HC cancels acquittal of 2 for murder
1 year, 3 months ago

‘Trial court lost its way in minor details’: HC cancels acquittal of 2 for murder

Hindustan Times  

SHILLONG: The Meghalaya high court on Wednesday reversed a trial court’s acquittal of two men who were charged with killing a young college student in 2006, observing that the trial judge lost its way in the minor details and failed to see the larger picture which was obvious and virtually admitted. The Meghalaya high court allowed the appeal by the …

‘Lack of evidence’: HC acquits 5 convicted for 2004 Assam blast
1 year, 4 months ago

‘Lack of evidence’: HC acquits 5 convicted for 2004 Assam blast

Hindustan Times  

Nineteen years after a bomb blast allegedly carried out by the banned United Liberation Front of Asom during an Independence Day parade in Dhemaji of Assam claimed 13 lives including 10 children and left 20 others injured, the Gauhati High Court on Thursday acquitted all five accused. The blast claimed 13 lives including 10 children and left 20 others injured …

‘Courts Below Failed To Properly Evaluate Evidence’: Supreme Court Acquits Two Convicts In 22 Year Old Murder Case
1 year, 7 months ago

‘Courts Below Failed To Properly Evaluate Evidence’: Supreme Court Acquits Two Convicts In 22 Year Old Murder Case

Live Law  

The Supreme Court recently set aside the conviction of two murder convicts under Sections 302, 34, 201 of IPC and Sections 4, 25 of Arms Act, on the ground that the prosecution failed to prove beyond reasonable doubt that the deceased was last seen alive in the company of the accused near the spot at the relevant time. It was …

Supreme Court Upholds Acquittal Of A Death Row Convict By High Court
1 year, 8 months ago

Supreme Court Upholds Acquittal Of A Death Row Convict By High Court

Live Law  

The Supreme Court recently upheld the decision of Madhya Pradesh High Court which acquitted an accused who was awarded death sentence by the Trial Court for the alleged murder of his wife on the ground that prosecution has failed to prove the circumstances beyond reasonable doubt. Arguments The Counsel appearing for the State submitted before the Court that the testimony …

Chandigarh: Procedural lapses led to acquittal in Sector 15 double murder
1 year, 11 months ago

Chandigarh: Procedural lapses led to acquittal in Sector 15 double murder

Hindustan Times  

Procedural lapses by police during probe and the star witness’s inability to support the prosecution’s case led to the acquittal of the four accused in the 2019 double murder where two college students were shot dead in Sector 15. The court of additional sessions judge Jaibir Singh observed that despite examining 22 witnesses, the prosecution was unable to establish the …

'Accused deprived of fair trial': SC acquits 3 sentenced to death in 2012 Chhawla rape case
2 years, 2 months ago

'Accused deprived of fair trial': SC acquits 3 sentenced to death in 2012 Chhawla rape case

India Today  

The Supreme Court on Monday acquitted three convicts who were sentenced to death for the gang rape and murder of a 19-year-old woman in Delhi's Chhawla area in 2012. Speaking about the trial court order, the Supreme Court said the courts cannot convict the accused on the basis of moral conviction or suspicion alone. However, the law does not permit …

"One Of Most Perfunctory Investigation" : Supreme Court Acquits Man Who Was Sentenced To Death For Alleged Murder Of Wife, Four Kids
2 years, 2 months ago

"One Of Most Perfunctory Investigation" : Supreme Court Acquits Man Who Was Sentenced To Death For Alleged Murder Of Wife, Four Kids

Live Law  

The Supreme Court acquitted a man who was sentenced to death for alleged murder of his wife and his four kids.Without any hesitation and with disappointment, we state that the case on hand is one of most perfunctory investigation, the CJI UU Lalit, Justices S. Ravindra Bhat and JB Pardiwala remarked.Project 39A of the National Law University Delhi gave legal …

CrPC | Victim Not Required To Seek Leave To Appeal Against Order Of Acquittal: Patna High Court
2 years, 4 months ago

CrPC | Victim Not Required To Seek Leave To Appeal Against Order Of Acquittal: Patna High Court

Live Law  

The Patna High Court recently observed that victim of a crime has absolute right to prefer an appeal against the order of acquittal and is not required to even seek leave to appeal, unlike a complainant. The observation came from a division bench of Justice Khatim Reza and Justice Chakradhari Sharan Singh: "A victim has absolute right to prefer an …

SC Takes Exception to Chhattisgarh High Court's Verdict Mentioning Victim's Name in Rape Case
3 years, 6 months ago

SC Takes Exception to Chhattisgarh High Court's Verdict Mentioning Victim's Name in Rape Case

News 18  

The Supreme Court has taken exception to a judgement delivered by a sessions court in Chhattisgarh in which the rape victim's name was mentioned and said that all subordinate courts should be careful while dealing with such matters. The apex court said this in the order by which it rejected the plea filed by a convict who was challenging the …

Delhi HC Sets Aside Conviction In Murder Case Observing That Testimony Of Sole Eye Witness Wasn't Reliable [Read Judgment]
4 years, 9 months ago

Delhi HC Sets Aside Conviction In Murder Case Observing That Testimony Of Sole Eye Witness Wasn't Reliable [Read Judgment]

Live Law  

The Delhi High Court on Thursday set aside the conviction order of three convicts in a murder case dating back to 1998, while holding that the testimony of the sole eye-witness based on which the trial court had convicted them was not reliable. The judgment rendered by a division bench comprising of Justice C Hari Shankar and Justice Siddharth Mridul, …

‘I Stand 100% By the 1.76 Lakh Cr Number in 2G Report’: Vinod Rai
5 years, 3 months ago

‘I Stand 100% By the 1.76 Lakh Cr Number in 2G Report’: Vinod Rai

The Quint  

Let me put this in perspective, it’s like this. But the SC has made an observation and it has clearly said that we are not referring to or relying upon the audit report of the CAG, because that report is before the PAC. SC in its wisdom cancelled the licences, now third was an investigation done by the CBI, and …

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