Accused Cannot Claim Acquittal On Ground Of Faulty Investigation : Supreme Court
2 days 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 uno, falsus in omnibus”, which means false in one thing, false in everything. It is the duty of the Court to separate the grain from the chaff.” “Thus in our opinion, merely because the dead body of Sujeesh was found at a place little away from the place of body of other victim Sunil, it cannot be the sole and decisive factor to discard the entire case of prosecution.''

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History of this topic

Supreme Court to hear appeals against acquittal in Nithari killings in March
1 day, 23 hours ago

Supreme Court to hear appeals against acquittal in Nithari killings in March

Hindustan Times  

The Supreme Court will hear the appeals challenging the acquittal of Surendra Koli in the Nithari killings on March 25. The bench, also comprising justice Augustine George Masih, directed the top court’s registry to provide the digitised trial court records on the scheduled date of hearing as Koli’s lawyers sought to rely on the same to highlight procedural delays in …

Attempt To Murder Case: Allahabad High Court Delivers Split Verdict In Appeal Against Acquittal Of Rebel SP MLA
2 weeks, 3 days ago

Attempt To Murder Case: Allahabad High Court Delivers Split Verdict In Appeal Against Acquittal Of Rebel SP MLA

Live Law  

The Allahabad High Court on Friday delivered a split verdict in an appeal filed against the acquittal of rebel Samajwadi Party MLA Abhay Singh in connection with the 2010 attempt-to-murder case. While Justice Attau Rahman Masoodi sentenced five of the accused, including Abhay Singh, to three years of imprisonment in connection with the 2010 case, Justice Ajai Kumar Srivastava-I, on …

While Acquitting, Court Cannot Order Re-Investigation Against Acquitted Accused For Same Offence : Supreme Court
2 weeks, 6 days ago

While Acquitting, Court Cannot Order Re-Investigation Against Acquitted Accused For Same Offence : Supreme Court

Live Law  

The Supreme Court today ruled that a Court, while acquitting the accused, cannot order that he must be subjected to re-investigation for the same offence. The Court set aside the Madras High Court decision which directed a de-novo investigation against the accused for offences in which he was already acquitted, stating that it would amount to a violation of the …

Madras HC reverses acquittal of seven in murder case, hands them double life-term
3 weeks, 3 days ago

Madras HC reverses acquittal of seven in murder case, hands them double life-term

New Indian Express  

CHENNAI: Finding the judgment of the trial court to be “perverse”, the Madras HC has reversed the acquittal of seven persons and sentenced them to double life imprisonment in a murder case. Holding that the prosecution has proved the charges beyond doubt, the bench sentenced Ramesh, Pandu alias Pandurangan, Sathish alias Sathishkumar, Prakash, Suresh, Ravi alias Pillakka Ravi and Kutti …

"False In One, False In All" Doctrine Doesn't Apply In India: J&K High Court Partially Overturns Acquittal In 24-Yr-Old Assault Case
1 month ago

"False In One, False In All" Doctrine Doesn't Apply In India: J&K High Court Partially Overturns Acquittal In 24-Yr-Old Assault Case

Live Law  

The High Court of Jammu and Kashmir and Ladakh has reaffirmed that the doctrine of falsus in uno, falsus in omnibus—"false in one thing, false in everything" is inapplicable in Indian courts. Instead, the court comprising Justices Rajnesh Oswal and Sanjay Dhar emphasized the necessity of carefully sifting through evidence, separating unreliable portions while relying on credible and corroborated testimony. …

In Acquittal Due To Compromise/Hostile Witness, Unjustified For Authorities To Put Honourable Acquittal Test In False Cases: Madhya Pradesh HC
1 month, 1 week ago

In Acquittal Due To Compromise/Hostile Witness, Unjustified For Authorities To Put Honourable Acquittal Test In False Cases: Madhya Pradesh HC

Live Law  

In a case concerning acquittal of an individual in a criminal case on account of witnesses turning hostile, the Indore Bench of Madhya Pradesh High Court has observed it is unjustified for the authorities to apply the test of honourable acquittal especially when the initial case was itself false. Thus, it cannot be said that the acquittal which has occasioned …

Denial Of Opportunity For Not Getting 'Honourable' Acquittal In Criminal Case Against Principle Of Reintegration Into Society: Rajasthan HC
1 month, 2 weeks ago

Denial Of Opportunity For Not Getting 'Honourable' Acquittal In Criminal Case Against Principle Of Reintegration Into Society: Rajasthan HC

Live Law  

Rajasthan High Court has set aside an order of the Superintendent of Police rejecting the candidature of the Petitioner for the post of the Constable on the grounds that his acquittal in an FIR registered against him was not honourable, but due to lack of evidence. Denying the petitioner an appointment solely due to an FIR/trial, in which he has …

'Basis For Acquittal Should Be Strictly Looked Into Before Rejection', Delhi High Court Grants Appointment To Candidate As SI
Trending News
1 month, 3 weeks ago

'Basis For Acquittal Should Be Strictly Looked Into Before Rejection', Delhi High Court Grants Appointment To Candidate As SI

Live Law  

A Division Bench of the Delhi High Court comprising of Justices C Hari Shankar and Sudhir Kumar Jain set aside the Order of the Screening Committee cancelling the appointment of a candidate based on an FIR lodged against him. Findings of the Court: The Court referred to the Standing Order which specified the Guidelines in Clause 3, stating that an …

'Basis For Acquittal Should Be Strictly Looked Into Before Rejection', Delhi High Court Grants Appointment To Candidate As SI
Trending News
1 month, 3 weeks ago

'Basis For Acquittal Should Be Strictly Looked Into Before Rejection', Delhi High Court Grants Appointment To Candidate As SI

Live Law  

A Division Bench of the Delhi High Court comprising of Justices C Hari Shankar and Sudhir Kumar Jain set aside the Order of the Screening Committee cancelling the appointment of a candidate based on an FIR lodged against him. Findings of the Court: The Court referred to the Standing Order which specified the Guidelines in Clause 3, stating that an …

Prosecution's Case 'Must Be Proved Beyond Reasonable Doubts' & Not Merely 'May Be Proved': Allahabad HC Upholds Acquittal Of 6 In 'Riots' Case
1 month, 4 weeks ago

Prosecution's Case 'Must Be Proved Beyond Reasonable Doubts' & Not Merely 'May Be Proved': Allahabad HC Upholds Acquittal Of 6 In 'Riots' Case

Live Law  

While upholding the acquittal of 6 men accused of rioting and assaulting police personnel in Jhansi's Babina district in 2008, the Allahabad High Court recently observed that it is a well-established principle that the prosecution's case 'must be proved beyond reasonable doubts' and not merely 'may be proved'. A bench of Justice Rajiv Gupta and Justice Surendra Singh-I also observed …

Trial Judge Upholds Acquittal of 4 Men in 2009 Rape Case
2 months, 2 weeks ago

Trial Judge Upholds Acquittal of 4 Men in 2009 Rape Case

Live Law  

The Allahabad High Court recently upheld the acquittal of 4 men in connection with an alleged rape case dating back to 2009. The court found that the victim appeared to be a consenting party based on the evidence presented during trial. The court also referred to the Apex Court's judgment in Shailendra Rajdev Pasvan v. State of Gujarat, (2020), which …

33 Years Later, Rajasthan High Court Sentences Husband To Life Imprisonment For Wife's Murder; Sets Aside Acquittal Order
3 months, 1 week ago

33 Years Later, Rajasthan High Court Sentences Husband To Life Imprisonment For Wife's Murder; Sets Aside Acquittal Order

Live Law  

While overturning a decision acquitting a man accused of murdering his first wife, the Rajasthan High Court observed that the trial court in its 1992 order had ignored the testimonies of the eyewitnesses due to minor contradictions as well as corroborative evidence, which was a patent error in law. The division bench of Justice Pushpendra Singh Bhati and Justice Munnuri …

HC issues notices to accused, CBI after Dabholkar’s daughter challenges order of acquittal
4 months, 2 weeks ago

HC issues notices to accused, CBI after Dabholkar’s daughter challenges order of acquittal

The Hindu  

The Bombay High Court on Wednesday issued notices to all the accused and the Central Bureau of Investigation while hearing a petition filed by Mukta Dabholkar challenging a sessions court judgment acquitting three persons accused of killing her father and rationalist Narendra Dabholkar. Ms. Mukta’s plea contended that the sessions court order failed to consider evidence that “establishes beyond reasonable …

Judgment showed how investigation lapses led to Gauhar Chishti acquittal
5 months, 3 weeks ago

Judgment showed how investigation lapses led to Gauhar Chishti acquittal

Op India  

On 16th July, Ajmer Sessions Court acquitted Gauhar Chishti and others who were accused of raising provocative slogans of “Gustakh-e-Nabi ki ek saza, sar tan se juda” against former Bharatiya Janata Party spokesperson Nupur Sharma. Notably, the complainant in the case, constable Jai Narayan, recorded the incident where Gauhar Chishti gave a provocative speech on his mobile on 17th June …

State to take cognisance of court observation in Dabholkar murder case: Fadnavis
7 months, 3 weeks ago

State to take cognisance of court observation in Dabholkar murder case: Fadnavis

Hindustan Times  

The state government will take cognisance of the observation made by the Pune court in its order in the murder case of rationalist Narendra Dabholkar, said deputy chief minister Devendra Fadnavis. Fadnavis, who was in the city on Saturday, said, “The law and judiciary will go through detailed order, and a decision will be taken whether to approach the high …

Supreme Court Reiterates Principles To Be Adhered By Appellate Court While Reversing Acquittal
8 months, 2 weeks ago

Supreme Court Reiterates Principles To Be Adhered By Appellate Court While Reversing Acquittal

Live Law  

Recently, the Supreme Court reiterated the principles that must be adhered to by the appellate Court while reversing the decision of acquittal as arrived by the Trial Court. The guiding principles read as follows: “ That the judgment of acquittal suffers from patent perversity; That the same is based on a misreading/omission to consider material evidence on record; That no …

SC Refuses to Stay Sai Baba Acquittal
9 months, 3 weeks ago

SC Refuses to Stay Sai Baba Acquittal

Deccan Chronicle  

New Delhi: Terming the Bombay High Court order clearing former Delhi University professor G.N. Saibaba and others in the Maoist links case “prima facie well-reasoned”, the Supreme Court on Monday rejected a Maharashtra government application seeking a stay on their acquittal in the case. “Prima facie, we find that the High Court order is well reasoned,” the bench said, with …

Supreme Court refuses to stay acquittal of former DU professor Saibaba, says there is no urgency
9 months, 4 weeks ago

Supreme Court refuses to stay acquittal of former DU professor Saibaba, says there is no urgency

The Hindu  

The Supreme Court on Monday refused to stay the acquittal of former Delhi University professor G.N. Saibaba and five others by the Bombay High Court in a case under the Unlawful Activities Act, saying it would be “unusual” to show urgency to imprison a man whose innocence had been already proved by the judgment of a court of law. On …

Supreme Court Refuses To Stay Acquittal Of GN Saibaba & 5 Others, Says HC Judgment Prima Facie Well Reasoned
9 months, 4 weeks ago

Supreme Court Refuses To Stay Acquittal Of GN Saibaba & 5 Others, Says HC Judgment Prima Facie Well Reasoned

Live Law  

The Supreme Court on Monday refused to stay the judgment of the Bombay High Court, which acquitted Professor GN Saibaba and five others in a case under the Unlawful Activities Act 1967 over alleged Maoist links.A bench of Justices BR Gavai and Sandeep Mehta, while hearing the special leave petition filed by the State of Maharashtra, made a prima facie …

SC rejects Maha govt's plea challenging G N Saibaba's acquittal
9 months, 4 weeks ago

SC rejects Maha govt's plea challenging G N Saibaba's acquittal

New Indian Express  

NEW DELHI: The Supreme Court on Monday rejected a Maharashtra government application seeking a stay on a Bombay High Court order that acquitted former Delhi University professor G N Saibaba and others in the Maoist links case. A two-judge bench of the top court, headed by Justice B R Gavai and also comprising Justice Sandeep Mehta, although, admitted the state …

Bombay High Court Rejects Maharashtra's Plea To Stay Prof GN Saibaba's Acquittal Judgment
10 months ago

Bombay High Court Rejects Maharashtra's Plea To Stay Prof GN Saibaba's Acquittal Judgment

Live Law  

The Bombay High Court has dismissed an application filed by the State of Maharashtra Government seeking to stay the implementation of the acquittal of former Delhi University Professor GN Saibaba and five others in a Maoist-links case under the Unlawful Activities Prevention Act. However, in a special Saturday sitting, which attracted controversy, the Supreme Court stayed the High Court order …

[T P Chandrasekharan Murder] Kerala High Court Upholds Conviction Of Accused, Sets Aside Acquittal Of Two
10 months, 2 weeks ago

[T P Chandrasekharan Murder] Kerala High Court Upholds Conviction Of Accused, Sets Aside Acquittal Of Two

Live Law  

The Kerala High Court has today confirmed the conviction of the accused in the murder of T P Chandrasekharan under Section 302 and Section 120B. The Division Bench comprising Justice A.K.Jayasankaran Nambiar and Justice Kauser Edappagath while confirming the conviction held thus: “We sustain the conviction Of Anoop, Manoj Kumar @ Kirmani Manoj, N.K.Sunil Kumar @ Kodi Suni, Rajeesh Thondikkandi …

Principles To Be Followed By Appellate Courts In Deciding Appeals From Acquittal : Supreme Court Explains
10 months, 3 weeks ago

Principles To Be Followed By Appellate Courts In Deciding Appeals From Acquittal : Supreme Court Explains

Live Law  

Recently, the Supreme Court observed that if the appreciation of evidence leads to two possible views, then the decision of the Trial Court acquitting the accused could not be reversed by the Appellate Court merely because there exists another view that led to the conviction of the accused.According to the court, if the appreciation of evidence leads to two possible …

'Yawning Gap In Evidence' : Supreme Court Finds Conviction Wrong In 2004 Murder Case; Sets Aside Concurrent Findings Of HC & Trial Court
1 year ago

'Yawning Gap In Evidence' : Supreme Court Finds Conviction Wrong In 2004 Murder Case; Sets Aside Concurrent Findings Of HC & Trial Court

Live Law  

The Supreme Court has observed that when the prosecution case is solely based on the circumstantial evidence, then the courts must be vigilant while examining the facts proving the circumstantial evidence i.e., it must be consistent with the hypothesis of the guilt of the accused and should be free from doubts, improbabilities and inconsistencies. Reversing the concurrent findings of the …

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 …

HC upholds acquittal of mafia-politician Brijesh Singh in 37-year-old case
1 year, 1 month ago

HC upholds acquittal of mafia-politician Brijesh Singh in 37-year-old case

Hindustan Times  

Acquittal of mafia don and former MLC in Uttar Pradesh Brijesh Singh was upheld on Monday by the Allahabad High Court in a murder case in which seven people of a family were brutally killed in Chandauli district 37 years ago. The bench comprising Chief Justice Pritinkar Diwakar and Justice Ajay Bhanot dismissed the appeal filed by the state government …

Principles Relating To Plea & Alibi & Delaying In Registering FIR : Supreme Court Explains
1 year, 2 months ago

Principles Relating To Plea & Alibi & Delaying In Registering FIR : Supreme Court Explains

Live Law  

A Division Bench of the Supreme Court, comprising Justices Abhay S. Oka and Sanjay Karol, recently affirmed the conviction of 9 accused persons of the crime committed by them back in 1988. However, in the course of treatment, Kapildeo also died, same day at about 4.55 p.m. Consequently, the Trial Court, finding the evidence led by the prosecution to be …

[Section 256 CrPC] Power To Acquit Accused Must Be Exercised On Definite Conclusion That Complainant Doesn't Desire To Prosecute: Kerala High Court
1 year, 2 months ago

[Section 256 CrPC] Power To Acquit Accused Must Be Exercised On Definite Conclusion That Complainant Doesn't Desire To Prosecute: Kerala High Court

Live Law  

The Kerala High Court held that an accused can only be acquitted under Section 256 CrPC when there was a definite conclusion that the complainant does not wish to prosecute the complaint. Dias stated that the Court must not perfunctorily acquit an accused u/s 256 of CrPC. Such power must be exercised judicially and not whimsically or mechanically, the Court …

S.319 Cr PC| Person Not Named In FIR Can Be Added As Accused If There's Sufficient Evidence Of His Involvement : Supreme Court
1 year, 7 months ago

S.319 Cr PC| Person Not Named In FIR Can Be Added As Accused If There's Sufficient Evidence Of His Involvement : Supreme Court

Live Law  

The Supreme Court recently upheld an order of Allahabad High Court which dismissed an appeal filed by a person, who was not named in the FIR, under Section 14A of the Scheduled Castes and Scheduled Tribes Act, 1989 against a summoning order to face the trial passed by a Special Court in exercise of power its under Section 319 of …

‘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, 7 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 …

Supreme Court Acquits Man Accused Of Murdering Wife 35 Years Ago; Says Conviction Resulted In 'Travesty Of Justice'
1 year, 9 months ago

Supreme Court Acquits Man Accused Of Murdering Wife 35 Years Ago; Says Conviction Resulted In 'Travesty Of Justice'

Live Law  

"In our considered view, the courts below have seriously erred in passing the order of conviction based on incorrect and incomplete appreciation of evidence, causing serious prejudice to the accused, also resulting into travesty of justice", a bench comprising Justices BR Gavai and Sanjay Karol stated after finding serious deficiencies in the case built on circumstantial evidence. The Supreme Court …

Sec 256 CrPC - Not Proper To Acquit Accused Merely For Non-Appearance Of Complainant Who Was Already Examined : Supreme Court
1 year, 10 months ago

Sec 256 CrPC - Not Proper To Acquit Accused Merely For Non-Appearance Of Complainant Who Was Already Examined : Supreme Court

Live Law  

Where the complainant had already been examined as a witness in the case, it would not be appropriate for the Court to pass an order of acquittal merely on non-appearance of the complainant, the Supreme Court observed in a judgment today.In this case, the complainant filed eight complaints against the accused under Section 138 of the Negotiable Instruments Act. Where …

Delhi: Man acquitted by SC in the Chhawla gang rape case arrested for killing auto-rickshaw driver
1 year, 11 months ago

Delhi: Man acquitted by SC in the Chhawla gang rape case arrested for killing auto-rickshaw driver

Op India  

On February 4, Delhi Police said in a statement that they have arrested a man identified as 35-year-old Vinod for involvement in the murder of an auto-rickshaw driver. The direction in which Vinod went was not covered by any CCTV camera, so his further movement could not be traced.” Deputy Commissioner of Police Dwarka, M Harshawardhan, told news agency ANI …

Orissa High Court Refuses To Reverse 29 Yrs Old Acquittal Order In 'Civil Dispute' Painted As Theft Case
1 year, 11 months ago

Orissa High Court Refuses To Reverse 29 Yrs Old Acquittal Order In 'Civil Dispute' Painted As Theft Case

Live Law  

The Orissa High Court has recently declined to interfere in an appeal against acquittal of some persons, which was recorded by a Magistrate Court in 1994, for allegedly cutting and removing away paddy from the complainant’s field. While dismissing the appeal, the Single Judge Bench of Justice Gourishankar Satapathy said: “One of the important facts, which weighed in the mind …

'Against Natural Justice': Supreme Court Quashes CBI Investigation Against Former Uttarakhand CM Trivendra Singh Rawat
2 years ago

'Against Natural Justice': Supreme Court Quashes CBI Investigation Against Former Uttarakhand CM Trivendra Singh Rawat

Live Law  

On Wednesday, the Supreme Court of India set aside a Uttarakhand High Court order which had directed the Central Bureau of Investigation to investigate the corruption allegations against former Chief Minister of Uttarakhand Trivendra Singh Rawat. "Applying the law laid down by this Court and considering the fact that the High Court issued impugned directions contained in 155.6 and 155.7 …

Prof. Saibaba acquittal | Supreme Court to hear Maharashtra’s appeal on October 15
2 years, 2 months ago

Prof. Saibaba acquittal | Supreme Court to hear Maharashtra’s appeal on October 15

The Hindu  

The Supreme Court scheduled a special sitting of a Bench of Justices M.R. But the Maharashtra government rushed to the Supreme Court within hours of the Bombay High Court’s decision on Friday to acquit Mr. Saibaba, ostensibly in order to prevent his actual release from Nagpur Central Jail. Finally, Justice Chandrachud recorded Mr. Mehta’s apprehension that “in all likelihood the …

"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 …

Supreme Court Half Yearly Round-Up -[January To June]
2 years, 3 months ago

Supreme Court Half Yearly Round-Up -[January To June]

Live Law  

Employee Who Refuses Promotion Offer Not Entitled To Financial Upgradation Merely Because She Suffered Stagnation : Supreme Court Case Title: Union of India v. Manju Arora Citation: 2022 LiveLaw 1 The Supreme Court observed that if a regular promotion is offered but is refused by the employee before becoming entitled to a financial upgradation, she/he shall not be entitled to …

Appellate Courts Must Bear In Mind There Is Prejudice In Favour Of Accused In Case Of Acquittal: Gujarat High Court
2 years, 4 months ago

Appellate Courts Must Bear In Mind There Is Prejudice In Favour Of Accused In Case Of Acquittal: Gujarat High Court

Live Law  

The Gujarat High Court, while dismissing an appeal against acquittal in a caste-based crime, reiterated that the Appellate Court has a limited scope of interfering with acquittal appeals since prejudice lies in favour of the Accused. Further, the Appellate Court can only interfere with the order of the Trial Court provided the order was manifestly unjust, perverse or contrary to …

Acquittal In Criminal Case Can Be Considered To Determine Punishment In Department Enquiry: Andhra Pradesh High Court
2 years, 4 months ago

Acquittal In Criminal Case Can Be Considered To Determine Punishment In Department Enquiry: Andhra Pradesh High Court

Live Law  

In a recent case, the Andhra Pradesh High Court held that the order of acquittal in a criminal case can be considered in a punishment to be imposed in the departmental enquiry. Brief Facts of the Case The Writ Petition had been filed under Article 226 of the Constitution of India to challenge the Award dated 10.07.2013 by the 1st …

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 …

Supreme Court refuses to entertain plea seeking guidelines to compensate victims of wrongful prosecution
2 years, 4 months ago

Supreme Court refuses to entertain plea seeking guidelines to compensate victims of wrongful prosecution

India Today  

"This will create a lot of complications," the Supreme Court of India said on Thursday, while refusing to entertain a petition filed seeking directions for the framing of appropriate guidelines to compensate victims of wrongful prosecution. Many acquittals are not exactly on merit but on technical grounds or granting the benefit of doubt," Justice Lalit said. Responding to counsel’s argument …

Acquittal Appeals | Appellate Court Shouldn't Give Fresh Reasonings If Reasoning Of Court Below Is Just: Allahabad High Court
2 years, 5 months ago

Acquittal Appeals | Appellate Court Shouldn't Give Fresh Reasonings If Reasoning Of Court Below Is Just: Allahabad High Court

Live Law  

The Allahabad High Court has observed that in acquittal appeals, the appellate Court is not required to rewrite the judgment or to give fresh reasonings when the reasons assigned by the Court below are found to be just and proper.The bench of Justice Dr. Kaushal Jayendra Thaker and Justice Ajai Tyagi further observed that while exercising appellate powers, even if …

[42 Yr Old Murder Case] "Guilt Not Proved Beyond Reasonable Doubt": Allahabad High Court Upholds Acquittal Order
2 years, 5 months ago

[42 Yr Old Murder Case] "Guilt Not Proved Beyond Reasonable Doubt": Allahabad High Court Upholds Acquittal Order

Live Law  

Holding that the prosecution could not prove the guilt of the accused beyond a reasonable doubt, the Allahabad High Court on Tuesday upheld the acquittal order passed by the trial court in a 42-year-old murder case.The Bench of Justice Om Prakash-VII and Justice Narendra Kumar Johari was essentially dealing with a Government appeal filed against a 1985 jdgment. Holding that …

'Double Presumption Available In Favour Of Accused After Acquittal' : Supreme Court Restores Acquittal In Murder Case
2 years, 5 months ago

'Double Presumption Available In Favour Of Accused After Acquittal' : Supreme Court Restores Acquittal In Murder Case

Live Law  

The Supreme Court recently restored the acquittal of an accused in a murder case, after finding fault with the High Court for reversing the trial court's order. "While dealing with an appeal against acquittal by invoking Section 378 of the Cr.PC, the Appellate Court has to consider whether the Trial Court's view can be termed as a possible one, particularly …

Acquittal On Failure To Prove Beyond Reasonable Doubt Does Not Oust Disciplinary Proceedings Where Test Is Preponderance Of Probabilities: Delhi HC
2 years, 8 months ago

Acquittal On Failure To Prove Beyond Reasonable Doubt Does Not Oust Disciplinary Proceedings Where Test Is Preponderance Of Probabilities: Delhi HC

Live Law  

The Delhi High Court has observed that an acquittal in criminal proceedings in which the guilt of a person has to be held to have been proved beyond a reasonable doubt, does not preclude the disciplinary proceedings in which the charges of misconduct have to be established on a preponderance of probabilities.Justice Anu Malhotra observed that mere acquittal in the …

Right To Be Forgotten | Man Facing Difficulties In Getting Job Due To An Order By Which He Was Acquitted: Bombay HC Orders Its Removal From Court Website
2 years, 8 months ago

Right To Be Forgotten | Man Facing Difficulties In Getting Job Due To An Order By Which He Was Acquitted: Bombay HC Orders Its Removal From Court Website

Live Law  

The Bombay High Court recently ordered the removal of an acquittal order from the Court's website on a plea moved by a person/accused who was facing difficulties in getting job due to the acquittal order passed in his favor.Essentially, he had moved to the Court arguing that even though the order was one of acquittal, still it was descriptive, and …

Proving Case Beyond Reasonable Doubt Does Not Mean To Nitpick To Find Excuse To Obtain Acquittal: Supreme Court
2 years, 11 months ago

Proving Case Beyond Reasonable Doubt Does Not Mean To Nitpick To Find Excuse To Obtain Acquittal: Supreme Court

Live Law  

"The test which is applied of proving the case beyond reasonable doubt does not mean that the endeavour should be to nick pick and somehow find some excuse to obtain acquittal. ", the Supreme Court remarked in a judgment dismissing appeals filed by murder accused.Pappu Tiwari, Sanjay Ram, Uday Pal, Ajay Pal, Pintu Tiwari and Law Tiwari were convicted by …

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