Supreme Court Acquits Man On Death Row, Cites Faulty Investigation & Gaps In Prosecution Case
1 month, 1 week ago

Supreme Court Acquits Man On Death Row, Cites Faulty Investigation & Gaps In Prosecution Case

Live Law  

The Supreme Court set aside the conviction of an accused in a case for allegedly committing the gruesome murder of his six family members, including his four children and brother. The prosecution case was solely based on circumstantial evidence, contending that the Appellant murdered his family members due to a land dispute, however, it failed to prove the motive. Citing the prosecution's faulty investigation, failure to prove motive, last seen, and flawed recovery, the accused appealed to the Supreme Court stating that the prosecution failed to establish his guilt beyond reasonable doubt. Setting aside the conviction, the judgment authored by Justice Mehta observed: “we find that the present one is a case involving utter lackadaisical approach on part of the Investigating Agency as well as the prosecution. This utter negligence in conducting the investigation has contributed significantly to the failure of the prosecution's case as against the appellant-accused.” Accordingly, the Court allowed the appeal, and set aside the conviction of the Appellant.

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History of this topic

1995 Murder Case | 'Prosecution Not Obliged To Answer Every Hypothesis Of Defence': Allahabad HC Overturns Acquittal, Sentences 3 To LI
1 month, 1 week ago

1995 Murder Case | 'Prosecution Not Obliged To Answer Every Hypothesis Of Defence': Allahabad HC Overturns Acquittal, Sentences 3 To LI

Live Law  

While overturning the acquittal of 3 accused and sentencing them to Life Imprisonment in connection with a 1995 Murder case, the Allahabad High Court recently observed that the prosecution is not obliged to answer each and every hypothesis put forth by the defence/accused persons. Before the High Court, the state submitted that the Trial Court, in its judgment of acquittal, …

'Gaping Holes In Prosecution' : Supreme Court Acquits Man Who Was Sentenced To Death For Rape & Murder
1 month, 3 weeks ago

'Gaping Holes In Prosecution' : Supreme Court Acquits Man Who Was Sentenced To Death For Rape & Murder

Live Law  

The Supreme Court today set aside the judgment of the Bombay High Court which upheld the conviction and the death sentence awarded to the Appellant by the Trial Court for the rape and murder of a 23 years old woman which took place in 2014. The Court acquitted the Appellant of all charges on the ground that when the prosecution …

'Prosecutrix's Testimony Doesn't Inspire Confidence' : Supreme Court Affirms Acquittal In Rape Case
2 months, 1 week ago

'Prosecutrix's Testimony Doesn't Inspire Confidence' : Supreme Court Affirms Acquittal In Rape Case

Live Law  

The Supreme Court, observed that in rape cases if a conviction is based on the sole evidence of a single witness, even that of the victim herself, such evidence should inspire confidence in the Court. But nevertheless when a person can be convicted on the testimony of a single witness the Courts are bound to be very careful in examining …

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 …

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

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

Conviction Cannot Be Based On Suspicion : Supreme Court Acquits Accused In 15 Yr Old Murder Case
1 year, 1 month ago

Conviction Cannot Be Based On Suspicion : Supreme Court Acquits Accused In 15 Yr Old Murder Case

Live Law  

While deciding the issue whether suspicious sole recovery of blood-stained weapon could form the basis of conviction, the Supreme Court on Wednesday held in negative by holding that sole circumstance of recovery of blood-stained weapon cannot form the basis of conviction unless the same was connected with the murder of the deceased by the accused. The court held that sole …

Appellate Court Should Give Benefit Of Doubt To Accused If A View Different From Trial Court's View Is Possible : Supreme Court
1 year, 2 months ago

Appellate Court Should Give Benefit Of Doubt To Accused If A View Different From Trial Court's View Is Possible : Supreme Court

Live Law  

The Supreme Court has observed that an appellate court should give the benefit of doubt to the accused persons if the evidence on record indicates the prosecution has failed to prove the guilt of the accused beyond reasonable doubt and that a plausible view, different from the one expressed by the courts below can be taken. Reversing the concurrent findings …

Contradiction On Case's Crucial Aspects Totally Discredits Witness Statement, Makes It Unreliable: Jammu & Kashmir High Court
1 year, 3 months ago

Contradiction On Case's Crucial Aspects Totally Discredits Witness Statement, Makes It Unreliable: Jammu & Kashmir High Court

Live Law  

The Jammu & Kashmir and Ladakh High Court has recently observed that the successful contradiction of a witness's statement on crucial aspects of a case would totally discredit their account and render it unreliable and untrustworthy. A bench of Justice Sanjay Dhar observed: “It is true that even if defence is successful in contradicting a witness, it would not always …

Supreme Court Acquits Man Accused Of Murdering Wife 35 Years Ago; Says Conviction Resulted In 'Travesty Of Justice'
1 year, 11 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 …

"One Of Most Perfunctory Investigation" : Supreme Court Acquits Man Who Was Sentenced To Death For Alleged Murder Of Wife, Four Kids
2 years, 5 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 …

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 …

Witness Testimony Inconsistent With Medical Evidence : Supreme Court Alters Conviction For Murder
3 years, 3 months ago

Witness Testimony Inconsistent With Medical Evidence : Supreme Court Alters Conviction For Murder

Live Law  

The Supreme Court has converted the conviction of appellants from Murder to Voluntarily causing grievous hurt by dangerous weapons under the Indian Penal Code on the basis of inconsistencies between oral testimony of witnesses and medical evidence on record.A Bench of Justices L.Nageswara Rao and B.V.Nagarathna relied on Amar Singh v State of Punjab, wherein the. The Supreme Court has …

Bombay HC cites lack of evidence, acquits man convicted of rape, murder of child
4 years ago

Bombay HC cites lack of evidence, acquits man convicted of rape, murder of child

Hindustan Times  

The Bombay high court’s Aurangabad bench has acquitted a 34-year-old man sentenced to death for raping and murdering a child in 2017, saying a special court convicted him without conclusive evidence and cross-examination of the witnesses. During the trial, the police informed the special court that it had recovered a nylon rope used to kill the child from the man’s …

Suspicion, However Strong, Cannot Take the Place of Proof: Supreme Court
4 years, 1 month ago

Suspicion, However Strong, Cannot Take the Place of Proof: Supreme Court

News 18  

Suspicion, however strong, cannot take the place of proof, the Supreme Court has said, stressing that an accused is presumed to be innocent unless proved guilty beyond a reasonable doubt. There has to be a chain of evidence so complete as to show that in all human probability the act must have been done by the accused, a bench 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 …

Benefit Of Doubt Arising Out Of Inefficient Investigation Must Be Bestowed Upon The Accused: SC [Read Judgment]
6 years, 3 months ago

Benefit Of Doubt Arising Out Of Inefficient Investigation Must Be Bestowed Upon The Accused: SC [Read Judgment]

Live Law  

“The accused cannot be expected to relinquish his innocence at the hands of an inefficacious prosecution, which is ridden with investigative deficiencies.”The Supreme Court, affirming an acquittal in a murder case, has observed that benefit of doubt arising out of such inefficient investigation must be bestowed upon the accused.Four accused were convicted by the trial court for murdering. “The accused …

Madras HC Acquits Man Of Rape Charges; Blames “Faulty Investigation” & Directs Training Of Investigation Officers [Read Judgment]
6 years, 3 months ago

Madras HC Acquits Man Of Rape Charges; Blames “Faulty Investigation” & Directs Training Of Investigation Officers [Read Judgment]

Live Law  

The Madras High Court recently acquitted a man, who was sentenced to 10 years rigorous imprisonment by a lower court in a rape case and primarily blamed the “faulty investigation” for the same.Justice MV Muralidharan, therefore, directed the Director General of Police, Tamil Nadu to peruse the judgment and arrange for training sessions for all investigation officers throughout the state. …

Prosecution Needs To Establish Case Beyond All ‘Reasonable’ Doubts, Not All Doubts: SC [Read Judgment]
8 years, 4 months ago

Prosecution Needs To Establish Case Beyond All ‘Reasonable’ Doubts, Not All Doubts: SC [Read Judgment]

Live Law  

The rule regarding the benefit of doubt does not warrant acquittal of the accused by resorting to surmises, conjectures or fanciful considerations, the Bench said.The Supreme Court in Yogesh Singh Vs. Mahabeer Singh, has held that the burden on the prosecution is only to establish its case beyond all reasonable doubt and not all doubts and the rule regarding the …

Prosecution Needs To Establish Case Beyond All ‘Reasonable’ Doubts, Not All Doubts: SC [Read Judgment]
8 years, 4 months ago

Prosecution Needs To Establish Case Beyond All ‘Reasonable’ Doubts, Not All Doubts: SC [Read Judgment]

Live Law  

The rule regarding the benefit of doubt does not warrant acquittal of the accused by resorting to surmises, conjectures or fanciful considerations, the Bench said.The Supreme Court in Yogesh Singh Vs. Mahabeer Singh, has held that the burden on the prosecution is only to establish its case beyond all reasonable doubt and not all doubts and the rule regarding the …

Breaking: Erring Prosecutors And Investigating Officers Must Be Proceeded Against In Case Of Unmerited Acquittals And Wrongful Convictions; SC [Download Judgment]
11 years, 2 months ago

Breaking: Erring Prosecutors And Investigating Officers Must Be Proceeded Against In Case Of Unmerited Acquittals And Wrongful Convictions; SC [Download Judgment]

Live Law  

The Supreme Court has come up with yet another landmark judgment in Criminal Law which is in the right direction of cleansing the criminal prosecution system of our country. The Apex Court was considering a Criminal Appeal by the State of Gujarat against acquittal of an accused person, who was originally awarded death penalty by the Trial Court. No doubt …

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