HC Rejects Appeal By Victim’s Mother Against Acquittal Of Accused As Victim Died Before Trial [Read Judgment]
8 years, 7 months ago

HC Rejects Appeal By Victim’s Mother Against Acquittal Of Accused As Victim Died Before Trial [Read Judgment]

Live Law  

The Delhi High Court dismissed an appeal filed by the victim’s mother u/s 372 CrPC challenging the acquittal of the accused in a rape case. The trial court had exonerated the accused on account of death of the victim prior to her examination and in absence of any crucial testimony.Justice S.P.Garg clarifying its stance, considered all available material evidence in the Case that could. The trial court had exonerated the accused on account of death of the victim prior to her examination and in absence of any crucial testimony. The judge upheld the trial court Judgment in the case and dismissed the appeal due to lack of any substantial incriminating evidence against the accused.

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History of this topic

Delhi HC junks plea against 30-year-old order acquitting 16 in 1984 riots case
2 weeks, 6 days ago

Delhi HC junks plea against 30-year-old order acquitting 16 in 1984 riots case

Hindustan Times  

The Delhi high court has refused to accept an appeal put forward by the Delhi Police against a 30-year-old city court’s order to acquit 16 people in connection with a case stemming from the 1984 anti-Sikh riots. While this court is conscious of the large-scale quantum of human lives and property during the 1984 riots, after having seen the quantum …

Courts Must Examine Judgments Of Acquittal Holistically To Arrive At Conclusion, Delhi High Court Sets Aside Judgment Of CAT
1 month, 1 week ago

Courts Must Examine Judgments Of Acquittal Holistically To Arrive At Conclusion, Delhi High Court Sets Aside Judgment Of CAT

Live Law  

A Division Bench of the Delhi High Court comprising Justices C Hari Shankar and Ajay Digpaul set aside the judgment of the Central Administrative Tribunal by which the order of cancellation of the Respondent was quashed. The Counsel for the Respondent claimed before the Tribunal that the acquittal was honourable, however, as per the judgment of the Judicial Magistrate, the …

Kerala HC Dismisses Appeal Against Integrity Certificate Granted To SP Who Probed Walayar Rape-Death Case, Says Selection Committee Can Evaluate
2 months ago

Kerala HC Dismisses Appeal Against Integrity Certificate Granted To SP Who Probed Walayar Rape-Death Case, Says Selection Committee Can Evaluate

Live Law  

The Kerala High Court has dismissed the appeal filed by the mother of two girls–who were allegedly raped and killed in Walayar in 2017–against the Integrity Certificate issued by the State to Superintendent of Police MJ Sojan, who probed the case. Referring to Rule 5 of Indian Police Service Regulations, 1995, the Court said, “As per the scheme of the …

Accused Cannot Claim Acquittal On Ground Of Faulty Investigation : Supreme Court
2 months, 2 weeks 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 …

'Basis For Acquittal Should Be Strictly Looked Into Before Rejection', Delhi High Court Grants Appointment To Candidate As SI
Trending News
4 months, 1 week 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
4 months, 1 week 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 …

Trial Judge Upholds Acquittal of 4 Men in 2009 Rape Case
5 months 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 …

Supreme Court restores conviction in minor's rape, overturns Calcutta HC's order acquitting man
7 months ago

Supreme Court restores conviction in minor's rape, overturns Calcutta HC's order acquitting man

Live Mint  

The apex court criticised the verdict last year and termed some of the high court's observations “highly objectionable and completely unwarranted.” The Supreme Court of India has today restored the conviction of a man who raped a minor girl after he was acquitted by the Calcutta High Court, which in its judgement asked adolescent girls to "control their sexual urges", …

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

Delhi HC acquits four in gangrape case
11 months, 3 weeks ago

Delhi HC acquits four in gangrape case

New Indian Express  

NEW DELHI: The Delhi High Court on Monday acquitted four men sentenced to life imprisonment by a trial court for allegedly abducting and gangraping a woman in 2018, saying the investigation was not upto the mark. Allowing the appeal filed by the four men challenging the trial court’s judgment, the high court said no incriminating word had been said by …

Delhi HC admits CBI's appeal challenging acquittal of former Minister A Raja, others in 2G scam case
1 year ago

Delhi HC admits CBI's appeal challenging acquittal of former Minister A Raja, others in 2G scam case

New Indian Express  

NEW DELHI: The Delhi High Court on Friday admitted a CBI appeal challenging the acquittal of former telecom minister A Raja and others in the 2G spectrum allocation scam case. Justice Dinesh Kumar Sharma said that on the basis of the material on record and the submissions made by the lawyers for the parties, a prima facie case is made …

Principles To Be Followed By Appellate Courts In Deciding Appeals From Acquittal : Supreme Court Explains
1 year, 1 month 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 …

[S.100 CrPC] Can't Be Permitted To Contradict Initial Position To Create 'Substantial Question Of Law': Andhra Pradesh HC Dismisses Second Appeal
1 year, 1 month ago

[S.100 CrPC] Can't Be Permitted To Contradict Initial Position To Create 'Substantial Question Of Law': Andhra Pradesh HC Dismisses Second Appeal

Live Law  

The Andhra Pradesh High Court has dismissed a second appeal filed holding that the parties cannot blow 'hot and cold' and cannot be permitted to 'approbate or reprobate' at the same time. The order was passed by Justice B.V.L.N Chakravarthi in a second appeal filed by the defendants in a suit for partition by taking a contradictory stand to their …

HC upholds acquittal of mafia-politician Brijesh Singh in 37-year-old case
1 year, 4 months 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 …

'Trial Took 40 Years!' : Supreme Court Grants Bail To 75 Year-Old Rape-Murder Convict, Asks HC To Hear His Appeal On Priority
1 year, 5 months ago

'Trial Took 40 Years!' : Supreme Court Grants Bail To 75 Year-Old Rape-Murder Convict, Asks HC To Hear His Appeal On Priority

Live Law  

The Supreme Court on Monday granted bail to a septuagenarian convicted of raping and murdering his niece in view of the extraordinary delay of 40 years in the completion of the trial. The bench also expressed surprise at the convict being sent to custody after 40 years since the incident, even while his appeal is pending in the high court …

Chhawla Rape-Murder Case : Supreme Court Affirms Acquittal Of Death Row Convicts; Dismisses Review Petitions
1 year, 11 months ago

Chhawla Rape-Murder Case : Supreme Court Affirms Acquittal Of Death Row Convicts; Dismisses Review Petitions

Live Law  

The Supreme Court has dismissed the review petitions against the acquittal of the three persons who were sentenced to death for the gang-rape and murder of a 19-year-old girl in Delhi’s Chhawla area in 2012.A bench comprising Chief Justice of India DY Chandrachud, Justice S Ravindra Bhat and Justice Bela Trivedi dismissed the review petitions filed by the Delhi Police …

2012 rape-murder: 'Evidence ignored...' - SC's acquittal of convicts challenged
2 years, 3 months ago

2012 rape-murder: 'Evidence ignored...' - SC's acquittal of convicts challenged

Hindustan Times  

Nearly a month after the Supreme Court acquitted three men convicted by lower court in the gangrape and murder of a 19-year-old woman, the family has now sought review of the order. Last month, a three-judge bench headed by former Chief Justice of India Uday Umesh Lalit said, “Having regard to the totality of circumstances and the evidence on record, …

Allahabad HC Upholds Conviction Of Man Who Raped A 10 Y/O Girl 43 Years Ago, Sends Him To Jail To Serve Remaining Sentence
2 years, 4 months ago

Allahabad HC Upholds Conviction Of Man Who Raped A 10 Y/O Girl 43 Years Ago, Sends Him To Jail To Serve Remaining Sentence

Live Law  

The Allahabad High Court on Tuesday upheld the conviction of a man who raped a 10-year-old girl 43 years ago after finding the testimony of the victim to be reliable. High Court's observations Having perused the evidence on record, the Court, at the outset rejected the argument of the defece that the doctor and the IO were not examined, as …

Acquittal Appeals | Appellate Court Shouldn't Give Fresh Reasonings If Reasoning Of Court Below Is Just: Allahabad High Court
2 years, 7 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 …

Already Admitted Criminal Appeal Against Conviction Cannot Be Dismissed On The Ground That Accused Is Absconding : Supreme Court
2 years, 8 months ago

Already Admitted Criminal Appeal Against Conviction Cannot Be Dismissed On The Ground That Accused Is Absconding : Supreme Court

Live Law  

The Supreme Court observed that an already admitted appeal against conviction cannot be dismissed on the ground that the accused is absconding.In this case, the accused was convicted by the Trial Court under Sections 302 and 120B of the Indian Penal Code and Section 27 of the Arms Act, 1959. The Supreme Court observed that an already admitted appeal against …

Marital rape: Appeal filed in SC against Delhi HC’s split verdict
2 years, 10 months ago

Marital rape: Appeal filed in SC against Delhi HC’s split verdict

Hindustan Times  

NEW DELHI: An appeal has been filed in the Supreme Court against the Delhi High Court’s split verdict on a bunch of pleas seeking to criminalise marital rape. Khushboo Saifi moved the appeal through her counsel days after the high court last week gave the verdict while referring the matter to the Supreme Court for an authoritative decision. Both the …

Allahabad HC Seeks Details Of UP Govt's Circular Governing The Procedure For Filing Govt Appeals Against Acquittal Orders
2 years, 11 months ago

Allahabad HC Seeks Details Of UP Govt's Circular Governing The Procedure For Filing Govt Appeals Against Acquittal Orders

Live Law  

The Allahabad High Court has asked the Government of Uttar Pradesh to furnish the details of its policy/government order/circular governing the procedure for filing the government appeal against the order of acquittal.The Bench of Justice Sunita Agarwal and Justice Vikas Kunvar Srivastav issued this order after it dealt with two such government appeals on March 30, wherein. The Allahabad High …

Special Leave To Appeal U/S 378 (4) CrPC Can Be Granted Only When View Of Acquitting Judge Is Unreasonable: Allahabad HC
3 years ago

Special Leave To Appeal U/S 378 (4) CrPC Can Be Granted Only When View Of Acquitting Judge Is Unreasonable: Allahabad HC

Live Law  

The Allahabad High Court on Wednesday observed that special leave to appeal as envisaged under Section 378 of the Code Of Criminal Procedure could be granted by the High Court only where the view taken by acquitting judge is clearly unreasonable.The Bench of Justice Mohd. The Allahabad High Court on Wednesday observed that special leave to appeal as envisaged under …

" A First Appeal In A Murder Case Cannot Be Dealt With In This Fashion': Supreme Court On HC's Dismissal Of Criminal Appeal In Four Lines
3 years, 2 months ago

" A First Appeal In A Murder Case Cannot Be Dealt With In This Fashion': Supreme Court On HC's Dismissal Of Criminal Appeal In Four Lines

Live Law  

On Thursday the Supreme Court observed that the first appeal from a conviction in a murder case could not have been dismissed after recording the conclusion in general terms and in just four lines. Thereafter, narrating the prosecution's case in brief, the High Court concluded that the prosecution had proved the case beyond reasonable doubt and on proper appraisal of …

Circumstances Under Which An Appeal Would Be Entertained Against An Order Of Acquittal: Supreme Court Explains
3 years, 2 months ago

Circumstances Under Which An Appeal Would Be Entertained Against An Order Of Acquittal: Supreme Court Explains

Live Law  

In a judgment delivered last week, the Supreme Court summarized the circumstances under which an appeal would be entertained by it from an order of acquittal.Ordinarily, this Court is cautious in interfering with an order of acquittal, especially when the order of acquittal has been confirmed upto the High Court. In a judgment delivered last week, the Supreme Court summarized …

[O. 41 R. 17(1) CPC] If Counsel Refuses To Argue Or Not Able To Address Court, Appeal Can't Be Dismissed On Merits: Allahabad HC
3 years, 2 months ago

[O. 41 R. 17(1) CPC] If Counsel Refuses To Argue Or Not Able To Address Court, Appeal Can't Be Dismissed On Merits: Allahabad HC

Live Law  

The Allahabad High Court recently ruled that when an appeal has to be dismissed by the appellate Court on account of the fact that the counsel for the appellant though physically present in the Court, refuses to argue the same for any reason, the dismissal can't be on merits in view of the Explanation to Order XLI Rule 17 CPC.It …

Acquittal In A Criminal Trial Has No Bearing Or Relevance On The Disciplinary Proceedings: Supreme Court
3 years, 2 months ago

Acquittal In A Criminal Trial Has No Bearing Or Relevance On The Disciplinary Proceedings: Supreme Court

Live Law  

The Supreme Court observed that an acquittal in a criminal trial has no bearing or relevance on the disciplinary proceedings.The standard of proof in both the cases are different and the proceedings operate in different fields and with different objectives, the bench comprising Justices M R Shah and BV Nagarathna observed while setting aside an order passed by Industrial Court …

HC rejects Tarun Tejpal's plea for in-camera hearing of case challenging his acquittal
3 years, 4 months ago

HC rejects Tarun Tejpal's plea for in-camera hearing of case challenging his acquittal

India Today  

Bombay High Court at Goa rejected the application filed by former Tehelka editor-in-chief Tarun Tejpal seeking in-camera hearing of the proceedings challenging his acquittal in a 2013 rape case. The acquittal of the former editor-in-chief of Tehelka magazine, who was accused of sexually assaulting his then woman colleague in the lift of a five-star hotel in Goa in November 2013, …

Criminal Appeal Cannot Be Dismissed As Infructuous Merely Because Appellant Served Out Sentence: Supreme Court
3 years, 4 months ago

Criminal Appeal Cannot Be Dismissed As Infructuous Merely Because Appellant Served Out Sentence: Supreme Court

Live Law  

The Supreme Court observed that an appeal against conviction cannot be treated as infructuous merely for the reason that the convicted appellant had served out the sentence awarded by the Trial Court.Merely for execution of the sentence, an appeal against conviction cannot be treated as infructuous, the bench comprising Justices Dinesh Maheshwari and Vikram Nath said.In this case, a. The …

High Court In An Appeal U/Sec 374(2) CrPC Has To Independently Evaluate Entirety Of Evidence: Supreme Court
3 years, 4 months ago

High Court In An Appeal U/Sec 374(2) CrPC Has To Independently Evaluate Entirety Of Evidence: Supreme Court

Live Law  

The Supreme Court reiterated that a High Court in a criminal appeal under Section 374 of Code of Criminal Procedure is duty bound to consider the entirety of the evidence. In the exercise of its appellate jurisdiction, the High Court was required to evaluate the evidence on the record independently and to arrive at its own findings as regards the …

Bombay HC to hear plea challenging Tarun Tejpal's acquittal in rape case
3 years, 4 months ago

Bombay HC to hear plea challenging Tarun Tejpal's acquittal in rape case

Hindustan Times  

The Goa bench of the Bombay high court will on Wednesday virtually hear the state government's appeal against the acquittal of journalist Tarun Tejpal in a 2013 sexual assault case. The development comes as Tejpal opposed the Goa government's plea challenging his acquittal in the case, and also requested an ‘in-camera’ hearing to keep the court proceedings private. Last month, …

Delhi HC Issues Notice to Journalist Priya Ramani on AJ Akbar's Appeal in Defamation Case
3 years, 7 months ago

Delhi HC Issues Notice to Journalist Priya Ramani on AJ Akbar's Appeal in Defamation Case

News 18  

The Delhi High Court Wednesday sought journalist Priya Ramani's stand on former Union minister M J Akbar's appeal against a trial court verdict in his criminal defamation case against her over sexual harassment allegations on the grounds that it was "based on surmises and conjecture". The trial court decided the case as though it was a sexual harassment case instead …

High Court Must Give Brief Reasons In Order Disposing Application Seeking Leave To Appeal Against Acquittal: Supreme Court
3 years, 7 months ago

High Court Must Give Brief Reasons In Order Disposing Application Seeking Leave To Appeal Against Acquittal: Supreme Court

Live Law  

The Supreme Court reiterated that brief reasons must be given in an order disposing an application for leave to appeal under Section 378 ofthe Code of Criminal Procedure 1973 against an order of acquittal.Merely observing that the order of the trial Judge has taken a possible view without an application of mind to the evidence and the findings is not …

SC Takes Exception to Chhattisgarh High Court's Verdict Mentioning Victim's Name in Rape Case
3 years, 8 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 …

High Court Shall Apply Its Mind To The Entirety Of The Case While Deciding A Criminal Appeal, Reiterates Supreme Court
3 years, 10 months ago

High Court Shall Apply Its Mind To The Entirety Of The Case While Deciding A Criminal Appeal, Reiterates Supreme Court

Live Law  

While deciding a criminal appeal on merits, the High Court is required to apply its mind to the entirety of the case including the evidence on the record before arriving at its conclusion, the Supreme Court reiterated.The bench of Justices DY Chandrachud and MR Shah observed thus while allowing an appeal against an Allahabad High Court judgment which reversed the …

'Prosecutrix Testimony Not Reliable': Allahabad High Court Acquit Rape Accused After 20 Yrs In Jail, Appeal Remained Defective For 16 Years
4 years ago

'Prosecutrix Testimony Not Reliable': Allahabad High Court Acquit Rape Accused After 20 Yrs In Jail, Appeal Remained Defective For 16 Years

Live Law  

The Allahabad High Court recently came to the rescue of a man, after he suffered 20 years of incarceration in connection with a false rape case filed against him by a woman owing to an alleged land dispute. However, in the instant case, it observed that the testimony of the prosecutrix cannot be said to be that of a sterling …

'CBI Appeal Duly Filed': Delhi High Court Rejects Objection Of Acquitted Accused In 2G Scam Case
4 years, 4 months ago

'CBI Appeal Duly Filed': Delhi High Court Rejects Objection Of Acquitted Accused In 2G Scam Case

Live Law  

A Single Judge Bench of Justice Brijesh Sethi of Delhi High Court today rejected the acquitted accused persons' plea in the 2G scam case alleging that the CBI's appeal in the matter was not duly filed as the requisite sanction was not obtained by the investigating body. Accused in the 2G spectrum case had argued that the leave to appeal …

'Trial Court Can't Be A Bystander' : Supreme Court Affirms Uttarakhand HC Direction For Re-Trial In Custodial Death Case
4 years, 4 months ago

'Trial Court Can't Be A Bystander' : Supreme Court Affirms Uttarakhand HC Direction For Re-Trial In Custodial Death Case

Live Law  

The Supreme Court on Thursday affirmed a judgment of the Uttarakhand High Court which ordered a re-trial in a 2005 case of custodial death.A bench headed by Justice D Y Chandrachud dismissed the special leave petition filed by the accused persons against the judgment delivered by the High Court.The case relates to the murder of one Raju Ram in 2005 …

Delhi HC Rejects Ashok Arora's Appeal Against An Order Refusing To Stay His Suspension From SCBA
4 years, 4 months ago

Delhi HC Rejects Ashok Arora's Appeal Against An Order Refusing To Stay His Suspension From SCBA

Live Law  

Delhi High Court has refused to provide relief in an appeal filed by Ashok Arora against the order of the Single Judge wherein his plea seeking a stay on his suspension from Supreme Court Bar Association was rejected. Earlier, while refusing to provide relief, the Single Bench of Justice Mukta Gupta had noted that Ashok Arora failed to establish a …

[Section 372 CrPC] Appeal Filed By Victim Seeking Enhancement Of Sentence Not Maintainable: SC [Read Judgment]
4 years, 6 months ago

[Section 372 CrPC] Appeal Filed By Victim Seeking Enhancement Of Sentence Not Maintainable: SC [Read Judgment]

Live Law  

The Supreme Court has held no appeal can be maintained by victim under Section 372 of the Code of Criminal Procedure on the ground of inadequate sentence.The bench comprising Justices Ashok Bhushan and R. Subhash Reddy observed thus while upholding the Delhi High Court judgment which dismissed the appeal filed by a victim under Section 372 CrPC seeking enhancement of …

"High Court Cannot Exercise Power Under Section 482 CrPC When There Exists A Remedy Of Statutory Appeal Under Section 29 Of Domestic Violence Act": Delhi HC [Read Judgment]
4 years, 7 months ago

"High Court Cannot Exercise Power Under Section 482 CrPC When There Exists A Remedy Of Statutory Appeal Under Section 29 Of Domestic Violence Act": Delhi HC [Read Judgment]

Live Law  

A single judge Bench of the Delhi High Court, last week, held that High Court cannot entertain the petition in its extraordinary power under Section 482 Cr.PC, given the fact that there is a clear remedy of Appeal under Section 29 of the Protection of Women against Domestic Violence Act. "Preliminary objection of the Respondent has given rise to a …

2012 Delhi gangrape case: SC to hear Centre's plea challenging HC verdict on execution of death row convicts
5 years, 1 month ago

2012 Delhi gangrape case: SC to hear Centre's plea challenging HC verdict on execution of death row convicts

Firstpost  

New Delhi: The Supreme Court will hear on Friday the Centre’s appeal challenging the Delhi High Court verdict dismissing its plea against stay on the execution of the four death row convicts in the 2012 Delhi gang rape and murder case. A three-judge bench, comprising Justices R Bhanumathi, Ashok Bhushan and AS Bopanna, will hear at 12.30 pm on Friday …

Delhi HC Dismisses Appeal Filed By 11 Persons Against Rejection Of Nominations In Delhi Elections
5 years, 1 month ago

Delhi HC Dismisses Appeal Filed By 11 Persons Against Rejection Of Nominations In Delhi Elections

Live Law  

The Delhi High Court on Thursday dismissed the appeal filed by 11 candidates whose nominations from the New Delhi constituency were rejected. On January 28, 11 Petitioners had moved the Delhi High Court claiming that they were deprived from filing their nomination papers for the upcoming Delhi Assembly elections, as the Returning Officer had allowed Arvind Kejriwal to jump the …

Victim Cannot Appeal Against Inadequate Sentence Under Section 372 of CrPC: Delhi HC [Read Judgment]
5 years, 4 months ago

Victim Cannot Appeal Against Inadequate Sentence Under Section 372 of CrPC: Delhi HC [Read Judgment]

Live Law  

Delhi High Court has clarified the position of law on the right of the victim to file an appeal under section 372 of the Criminal Procedure Code. While denying the victim the right to move such an appeal, Justice Vibhu Bakhru went on to note that victim can invoke her right under proviso to section 372 of CrPC only in …

Appeal Cannot Be Disposed Of Without Trial Court Record: SC [Read Order]
5 years, 5 months ago

Appeal Cannot Be Disposed Of Without Trial Court Record: SC [Read Order]

Live Law  

The Supreme Court recently set aside a judgment of Delhi High Court which disposed of a criminal appeal without the record of the trial court before it.The bench comprising Justice NV Ramana, Justice Sanjiv Khanna and Justice Krishna Murari was considering an appeal against a Delhi High Court order which upheld the conviction and sentence imposed on a man under …

Acquittal In Criminal Case By Itself Doesn't Vitiate Disciplinary Enquiry Findings Of Misconduct: SC [Read Judgment]
5 years, 8 months ago

Acquittal In Criminal Case By Itself Doesn't Vitiate Disciplinary Enquiry Findings Of Misconduct: SC [Read Judgment]

Live Law  

The Supreme Court has reiterated that the acquittal in the course of the criminal trial by itself is not a ground for vitiating the finding of misconduct which has been arrived at during the course of the disciplinary proceedings. Allowing his challenge against the findings of disciplinary enquiry, the High Court concluded that since the departmental proceedings as well as …

HC Cannot Reverse Acquittal Without Affording Opportunity Of Hearing To Accused Or By Appointing An Amicus Curiae: SC [Read Judgment]
5 years, 8 months ago

HC Cannot Reverse Acquittal Without Affording Opportunity Of Hearing To Accused Or By Appointing An Amicus Curiae: SC [Read Judgment]

Live Law  

The Supreme Court has observed, the High Court, in a criminal appeal, cannot reverse the acquittal without affording any opportunity of hearing to the accused or by appointing an amicus curiae to argue the matter on his behalf if he does not enter appearance.The bench comprising Justice R. Banumathi and Justice AS Bopanna found favour with the contention that, in …

Sohrabuddin Case: Bombay HC Admits Appeal Filed by Sohrabuddin's Brothers Challenging Acquittal of 22 Accused
5 years, 9 months ago

Sohrabuddin Case: Bombay HC Admits Appeal Filed by Sohrabuddin's Brothers Challenging Acquittal of 22 Accused

Live Law  

The Bombay High Court on Monday admitted appeal filed by brothers of Sohrabuddin Shaikh challenging the acquittal of all 22 accused in the alleged fake encounter case. Amongst the accused are police officers from Gujarat and Rajasthan, they were acquitted by a special CBI court in a judgement dated December 21, 2018. Previously, Rubabuddin had written to the Ministry of …

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

Breaking: Victim Can File Appeal Against Acquittal Without Seeking Leave To Appeal: SC, Justice Gupta Dissents
6 years, 5 months ago

Breaking: Victim Can File Appeal Against Acquittal Without Seeking Leave To Appeal: SC, Justice Gupta Dissents

Live Law  

In a landmark judgment, the Supreme Court has held that a victim can file an appeal in the High Court against the acquittal without seeking leave to appeal.A three Judge Bench comprising Justice Madan B. Lokur,Justice S. Abdul Nazeer and Dipak Gupta was considering the following questions;1.Whether a ‘victim’ as defined in the Cr.P.C. The language of the proviso is …

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