Witness To Crime Can’t Challenge Judgment Of Acquittal And Seek Re-trial, Only Victim Of The Said Crime Can: Bombay HC [Read Judgment]
6 years, 7 months ago

Witness To Crime Can’t Challenge Judgment Of Acquittal And Seek Re-trial, Only Victim Of The Said Crime Can: Bombay HC [Read Judgment]

Live Law  

In an important point of law that came up in a criminal writ petition filed by one Siraj Pathan, who was an eye witness to a murder, the Bombay High Court has dismissed the petition and held that an eye witness cannot circuitously impugn or appeal against a judgment of acquittal and seek a re-trial under Section 378 of the CrPC.Justice Mangesh Patil of the Aurangabad bench was hearing the. In an important point of law that came up in a criminal writ petition filed by one Siraj Pathan, who was an eye witness to a murder, the Bombay High Court has dismissed the petition and held that an eye witness cannot circuitously impugn or appeal against a judgment of acquittal and seek a re-trial under Section 378 of the CrPC. Justice Mangesh Patil of the Aurangabad bench was hearing the said petition wherein the petitioner contended that even though he was an eye witness named by the prosecution, he was not examined. After noting that the time taken to record statements of all the witnesses before pronouncing the judgment, was appropriate, the court concluded: “Therefore, it does not appear that the trial was concluded in a hurried manner, so as to give rise to any doubt sufficient to attribute any motive on the part of the Prosecutor.” The court further noted: “It is apposite to note that the petitioner is a witness, who has no right to prefer any appeal, since he is not a victim as contemplated under Section 372 of the Code of Criminal Procedure.

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History of this topic

Court junks plea of man who sought to be examined as witness in Nanded blast case
3 weeks, 1 day ago

Court junks plea of man who sought to be examined as witness in Nanded blast case

India Today  

The Bombay High Court's Aurangabad bench has dismissed a plea filed by a Mumbai resident who sought to be examined as a witness in the 2006 Nanded blast case. Petitioner Yashwant Sahdev Shinde had approached the court challenging a January 17, 2023 order passed by the additional sessions judge, Nanded, which rejected his plea to be included as a witness …

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 …

In Acquittal Due To Compromise/Hostile Witness, Unjustified For Authorities To Put Honourable Acquittal Test In False Cases: Madhya Pradesh HC
4 months 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
4 months 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
4 months, 2 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
4 months, 2 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
4 months, 2 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 …

Conviction Can't Be Set Aside Merely Because Prosecution Witness Turned Hostile: Supreme Court
10 months, 2 weeks ago

Conviction Can't Be Set Aside Merely Because Prosecution Witness Turned Hostile: Supreme Court

Live Law  

The Supreme Court on Wednesday held that the evidence of a prosecution witness cannot be rejected in toto merely because the prosecution chose to treat him as hostile and cross-examined him. Affirming the decision of the High Court and Trial Court, the bench comprising Justices BR Gavai and Sandeep Mehta declined to aside the conviction of the accused merely because …

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 …

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

Trial-Related Anxiety Does Not Justify Act Of Casting Aspersion On Judge: Delhi High Court Imposes ₹5K Cost On Contemnor
2 years, 1 month ago

Trial-Related Anxiety Does Not Justify Act Of Casting Aspersion On Judge: Delhi High Court Imposes ₹5K Cost On Contemnor

Live Law  

Closing the contempt proceedings against a person, the Delhi High Court observed that the anxiety, which the man went through during the trial of the case filed by his former wife, does not justify the actions of casting aspersion on a judicial officer.Justice Manmeet Pritam Singh Arora accepted the unconditional apology tendered by him, with a warning to exercise restraint …

S. 378 CrPC | Right To Appeal Against Acquittal Should Be Used By The State Sparingly: Orissa High Court
2 years, 2 months ago

S. 378 CrPC | Right To Appeal Against Acquittal Should Be Used By The State Sparingly: Orissa High Court

Live Law  

The Orissa High Court has advised the State to exercise its right to appeal against acquittal, as provided under Section 378 of the Code of Criminal Procedure, sparingly and with circumspection. While denying the leave to prefer an appeal, the Single Judge Bench of Justice Sangam Kumar Sahoo remarked, “The right of appeal against acquittal vested in the State Government …

Appellate Courts Must Bear In Mind There Is Prejudice In Favour Of Accused In Case Of Acquittal: Gujarat High Court
2 years, 6 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 …

CrPC | Victim Not Required To Seek Leave To Appeal Against Order Of Acquittal: Patna High Court
2 years, 7 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 …

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 …

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 …

Bombay HC to hear plea challenging Tarun Tejpal's acquittal in rape case
3 years, 5 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, …

Mere Acquittal In Case Involving Moral Turpitude Not Sufficient": Sikkim HC Upholds Full Court Resolution Withdrawing Appointment Of Civil Judge
3 years, 10 months ago

Mere Acquittal In Case Involving Moral Turpitude Not Sufficient": Sikkim HC Upholds Full Court Resolution Withdrawing Appointment Of Civil Judge

Live Law  

The Sikkim High Court on Monday ruled that acquittal of a person in a case involving moral turpitude by giving benefit of doubt is not sufficient to grant him employment. The above position of law was very recently re-affirmed by the Supreme Court in the case of State Of Rajasthan v. Love Kush Meena, where it was held, "The mere …

Accused Can Be Summoned U/s 319 CrPC Even On The Basis Of Examination-In-Chief Of Witness: Supreme Court
4 years ago

Accused Can Be Summoned U/s 319 CrPC Even On The Basis Of Examination-In-Chief Of Witness: Supreme Court

Live Law  

An accused can be summoned under Section 319 of the Code of Criminal Procedure on the basis of even examination ­in ­chief of the witness and the Court need not wait till his cross­ examination, the Supreme Court observed.The bench comprising Justices DY Chandrachud and MR Shah observed that If on the basis of the examination ­in­ chief of the …

"Court Can't Be Perceived To Be Accused or Victim Centric": Bombay High Court Refuses To Transfer Builder Sunil Lahoriya Murder Trial
4 years ago

"Court Can't Be Perceived To Be Accused or Victim Centric": Bombay High Court Refuses To Transfer Builder Sunil Lahoriya Murder Trial

Live Law  

A trial court cannot be perceived to be accused or victim centric, the Bombay High Court observed while refusing to transfer the ongoing trial from one judge to another in the 2013 murder of Navi Mumbai builder Sunil Lahoriya. A division bench of Justices SS Shinde and Manish Pitale said a case was "not made out" for transfer while hearing …

Accused Not Entitled to Acquittal Just Because Complainant Probed Case: SC
4 years, 6 months ago

Accused Not Entitled to Acquittal Just Because Complainant Probed Case: SC

News 18  

In a significant verdict, the Supreme Court on Monday overruled its 2018 judgement that had held that if a complainant or an informant of a crime investigate a case then the accused are entitled to acquittal and held that the “question of bias” would depend upon facts and circumstances of each such matters. A contrary decision of this Court in …

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 …

Criminal Antecedents Of Candidate Cannot Be Said To Be 'Clear' When Acquittal Is By Granting Benefit Of Doubt: SC [Read Order]
5 years, 11 months ago

Criminal Antecedents Of Candidate Cannot Be Said To Be 'Clear' When Acquittal Is By Granting Benefit Of Doubt: SC [Read Order]

Live Law  

The Supreme Court has observed that criminal antecedents of an employee or a candidate cannot be said to be clear when he was acquitted in a criminal case on the ground of benefit of doubt and not because the case against him was found to be false. Screening Committee held Bunty to be unfit for appointment as a constable in …

Mere Contradictions In Witness' Statements Insufficient To Attract Perjury: Bombay HC [Read Judgment]
6 years, 1 month ago

Mere Contradictions In Witness' Statements Insufficient To Attract Perjury: Bombay HC [Read Judgment]

Live Law  

The High Court of Bombay has recently held that mere contractions in the statement of the witness cannot be the sole ground for conviction for perjury and the objectionable statements have to be perused as a whole to determine if the false statement was given willfully and knowingly.Justice S.M. The High Court of Bombay has recently held that mere contractions …

Non-Examination Of 'Best Witness' Not Fatal In MACT Cases: SC [Read Judgment]
6 years, 1 month ago

Non-Examination Of 'Best Witness' Not Fatal In MACT Cases: SC [Read Judgment]

Live Law  

The Supreme Court has observed that non examination of 'best witness' in Motor Accident Claim cases is not fatal. In Sunita vs. Rajasthan State Transport Corporation, the High Court had set aside the Tribunal mainly on the ground that the best witness in the case was the pillion rider, who had survived the accident, and he was not examined. The …

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 …

Witness To Crime Can’t Challenge Judgment Of Acquittal And Seek Re-trial, Only Victim Of The Said Crime Can: Bombay HC [Read Judgment]
6 years, 7 months ago

Witness To Crime Can’t Challenge Judgment Of Acquittal And Seek Re-trial, Only Victim Of The Said Crime Can: Bombay HC [Read Judgment]

Live Law  

In an important point of law that came up in a criminal writ petition filed by one Siraj Pathan, who was an eye witness to a murder, the Bombay High Court has dismissed the petition and held that an eye witness cannot circuitously impugn or appeal against a judgment of acquittal and seek a re-trial under Section 378 of the …

Eye Witnesses’ Evidence Can’t Be Doubted On The Ground That They Made No Attempts To Save The Deceased: SC [Read Judgment]
6 years, 8 months ago

Eye Witnesses’ Evidence Can’t Be Doubted On The Ground That They Made No Attempts To Save The Deceased: SC [Read Judgment]

Live Law  

‘On witnessing a crime, each person reacts in his own way and their evidence cannot be doubted on the ground that the witness has not acted in a particular manner.’While affirming conviction in a murder case, the Supreme Court in Motiram Padu Joshi v. State Of Maharashtra, reiterated that evidence of the eye witnesses cannot be doubted on the ground …

Accused Needn’t Be Heard On Question Of Sentence When Appellate Court Reverses Order Of Acquittal To Conviction: Karnataka HC [Read Judgment]
7 years ago

Accused Needn’t Be Heard On Question Of Sentence When Appellate Court Reverses Order Of Acquittal To Conviction: Karnataka HC [Read Judgment]

Live Law  

The Karnataka High Court has observed that the appellate court while converting the judgment of acquittal into conviction, need not hear the accused on the question of sentence.The bench of Justice S Sujatha and Justice John Michael Cunha made this observation while reversing the trial court order of acquittal of a man accused of murdering his wife. The Karnataka High …

Accused Needn’t Be Heard On Question Of Sentence When Appellate Court Reverses Order Of Acquittal To Conviction: Karnataka HC [Read Judgment]
7 years ago

Accused Needn’t Be Heard On Question Of Sentence When Appellate Court Reverses Order Of Acquittal To Conviction: Karnataka HC [Read Judgment]

Live Law  

The Karnataka High Court has observed that the appellate court while converting the judgment of acquittal into conviction, need not hear the accused on the question of sentence.The bench of Justice S Sujatha and Justice John Michael Cunha made this observation while reversing the trial court order of acquittal of a man accused of murdering his wife. The Karnataka High …

Presumptions In NDPS Act Do Not Dispense With Prosecutions' Burden To Prove The Charge Beyond Reasonable Doubt: SC [Read Judgment]
7 years, 7 months ago

Presumptions In NDPS Act Do Not Dispense With Prosecutions' Burden To Prove The Charge Beyond Reasonable Doubt: SC [Read Judgment]

Live Law  

The Supreme Court, in Naresh Kumar vs State of HP, has held that presumption provisions in the Narcotic Drugs and Psychotropic Substances Act, 1985 against an accused does not dispense with the obligation of the prosecution to prove the charge beyond all reasonable doubt.A bench comprising Justice L Nageswara Rao and Justice Navin Sinha, while restoring a trial court’s findings …

Presumptions In NDPS Act Do Not Dispense With Prosecutions' Burden To Prove The Charge Beyond Reasonable Doubt: SC [Read Judgment]
7 years, 7 months ago

Presumptions In NDPS Act Do Not Dispense With Prosecutions' Burden To Prove The Charge Beyond Reasonable Doubt: SC [Read Judgment]

Live Law  

The Supreme Court, in Naresh Kumar vs State of HP, has held that presumption provisions in the Narcotic Drugs and Psychotropic Substances Act, 1985 against an accused does not dispense with the obligation of the prosecution to prove the charge beyond all reasonable doubt.A bench comprising Justice L Nageswara Rao and Justice Navin Sinha, while restoring a trial court’s findings …

Merely Because Second View Is Possible, Appellate Court Can’t Substitute View In Appeal Against Acquittal: Bombay HC [Read JT]
7 years, 8 months ago

Merely Because Second View Is Possible, Appellate Court Can’t Substitute View In Appeal Against Acquittal: Bombay HC [Read JT]

Live Law  

Dismissing Maharashtra State’s appeal against the acquittal of an accused, the Bombay High Court has held that merely because a second view may be possible, the court, in its appellate jurisdiction dealing with an appeal against acquittal, cannot substitute its view and therefore, the view taken by the trial court needs to be confirmed.A bench of Justice Vibha Kankanwadi was …

Can ‘Victim’ File Appeal Against Acquittal Without Leave Of Court: SC Refuses To Refer The Matter To Larger Bench [Read Judgment]
7 years, 11 months ago

Can ‘Victim’ File Appeal Against Acquittal Without Leave Of Court: SC Refuses To Refer The Matter To Larger Bench [Read Judgment]

Live Law  

A two-judge bench of the Supreme Court on Tuesday declined the request of amicus curiae senior advocate Shekhar Naphade’s request to reconsider the judgment in Satya Pal Singh vs State of Madhya Pradesh, wherein the Supreme Court held that the ‘victim’ cannot file an appeal against an order of acquittal without the leave of the high court.The bench of Justice …

Can ‘Victim’ File Appeal Against Acquittal Without Leave Of Court: SC Refuses To Refer The Matter To Larger Bench [Read Judgment]
7 years, 11 months ago

Can ‘Victim’ File Appeal Against Acquittal Without Leave Of Court: SC Refuses To Refer The Matter To Larger Bench [Read Judgment]

Live Law  

A two-judge bench of the Supreme Court on Tuesday declined the request of amicus curiae senior advocate Shekhar Naphade’s request to reconsider the judgment in Satya Pal Singh vs State of Madhya Pradesh, wherein the Supreme Court held that the ‘victim’ cannot file an appeal against an order of acquittal without the leave of the high court.The bench of Justice …

Can Victim In A Complaint Case Appeal Under Section 372 CrPC Proviso; Calcutta HC Refers The Question To Larger Bench [Read Judgment]
8 years ago

Can Victim In A Complaint Case Appeal Under Section 372 CrPC Proviso; Calcutta HC Refers The Question To Larger Bench [Read Judgment]

Live Law  

Access to justice in the form of appeal is a fundamental right of every ‘victim’ of crime and cannot be restricted only to victims in police cases, the Court opined.The Calcutta High Court has referred to the larger bench the question whether a victim in a complaint case can avail of the right to appeal under proviso to Section 372 …

Can Victim In A Complaint Case Appeal Under Section 372 CrPC Proviso; Calcutta HC Refers The Question To Larger Bench [Read Judgment]
8 years ago

Can Victim In A Complaint Case Appeal Under Section 372 CrPC Proviso; Calcutta HC Refers The Question To Larger Bench [Read Judgment]

Live Law  

Access to justice in the form of appeal is a fundamental right of every ‘victim’ of crime and cannot be restricted only to victims in police cases, the Court opined.The Calcutta High Court has referred to the larger bench the question whether a victim in a complaint case can avail of the right to appeal under proviso to Section 372 …

Prosecution Needs To Establish Case Beyond All ‘Reasonable’ Doubts, Not All Doubts: SC [Read Judgment]
8 years, 5 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, 5 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 …

Appeal Against Acquittals To Be Disposed Of On Merits By Passing A Reasoned Order, SC Tells Allahabad HC [Read Order]
8 years, 6 months ago

Appeal Against Acquittals To Be Disposed Of On Merits By Passing A Reasoned Order, SC Tells Allahabad HC [Read Order]

Live Law  

High Court has not even stated facts and nature of evidence so as to make out that the conclusion of the trial court was not perverse, the Bench observed.Disposing of an appeal against a ‘cryptic’ order passed by a high court in a government appeal against the acquittal of an accused by a trial court in Uttar Pradesh, the Supreme …

Complainant in Cheque Dishonour Case Can’t Appeal Against Acquittal Before Sessions Court: Calcutta HC [Read Judgment]
8 years, 6 months ago

Complainant in Cheque Dishonour Case Can’t Appeal Against Acquittal Before Sessions Court: Calcutta HC [Read Judgment]

Live Law  

The Calcutta High Court, in M.K. Products vs. Blue Ocean Exports Ltd. & Ors., has said that a complainant cannot challenge the order of acquittal before the Sessions Court under the proviso to Section 372 of the Code of Criminal Procedure, in a case under Section 138 of the Negotiable Instruments Act.The judgement delivered by Justice Sankar Acharyya dealt with …

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 …

Death from Trial Court, Acquittal from High Court and Life Sentence from Supreme Court [Read Judgment]
9 years ago

Death from Trial Court, Acquittal from High Court and Life Sentence from Supreme Court [Read Judgment]

Live Law  

In these days, civilized people are generally insensitive to come forward to give any statement in respect of any criminal offence. Unless it is inevitable, people normally keep away from the Court as they feel it distressing and stressful, the Bench said.Supreme Court in Sadhu Saran Singh vs. State of UP, taking note of the reluctance of people to come …

Salman’s acquittal ‘travesty of justice’; enough evidence against him: Maharashtra govt to SC
9 years, 1 month ago

Salman’s acquittal ‘travesty of justice’; enough evidence against him: Maharashtra govt to SC

Live Law  

As the Supreme Court today began hearing the appeal filed by Maharashtra Government against the acquittal of Bollywood star Salman Khan in the 2002 hit and run case, Attorney General Mukul Rohatgi representing the state termed the Bombay High Court judgment as a “travesty of justice”.“The judgment of the High Court is a travesty of justice. As the Supreme Court …

Salman’s acquittal ‘travesty of justice’; enough evidence against him: Maharashtra govt to SC
9 years, 1 month ago

Salman’s acquittal ‘travesty of justice’; enough evidence against him: Maharashtra govt to SC

Live Law  

As the Supreme Court today began hearing the appeal filed by Maharashtra Government against the acquittal of Bollywood star Salman Khan in the 2002 hit and run case, Attorney General Mukul Rohatgi representing the state termed the Bombay High Court judgment as a “travesty of justice”.“The judgment of the High Court is a travesty of justice. As the Supreme Court …

Accused not entitled to acquittal merely because the complainant cop was involved in investigation against him: Supreme Court
9 years, 2 months ago

Accused not entitled to acquittal merely because the complainant cop was involved in investigation against him: Supreme Court

Live Law  

The Supreme Court of India on Tuesday, has held that an accused is not entitled to acquittal merely because the complainant, apparently a police officer, was involved in the investigation of the complaint against the accused. The Apex Court bench comprising of Justices V. Gopala Gowda and Uday Umesh Lalit made this observation in Surender @ Kala vs. State of …

Accused not entitled to acquittal merely because the complainant cop was involved in investigation against him: Supreme Court
9 years, 2 months ago

Accused not entitled to acquittal merely because the complainant cop was involved in investigation against him: Supreme Court

Live Law  

The Supreme Court of India on Tuesday, has held that an accused is not entitled to acquittal merely because the complainant, apparently a police officer, was involved in the investigation of the complaint against the accused. The Apex Court bench comprising of Justices V. Gopala Gowda and Uday Umesh Lalit made this observation in Surender @ Kala vs. State of …

SC slams Trial Judge for passing an Order of Acquittal in Murder Trial as Witnesses not present; calls it a ‘Mock Trial’ [Read Jt]
9 years, 8 months ago

SC slams Trial Judge for passing an Order of Acquittal in Murder Trial as Witnesses not present; calls it a ‘Mock Trial’ [Read Jt]

Live Law  

Calling a trial that resulted in a judgment of acquittal under Section 232 Cr.P.C. after closing evidence pursuant to examination of one formal prosecution witness, as a ‘farce’, a ‘mock trial’ and comparable to an experimentation conducted by a child in a laboratory, the Supreme Court has come down heavily on the conduct of the trial judge, calling the course …

Co-accused acquittal is not a ground to acquit the principal accused; SC [Read the Judgment]
9 years, 9 months ago

Co-accused acquittal is not a ground to acquit the principal accused; SC [Read the Judgment]

Live Law  

While dismissing the appeal, the honourable Supreme Court held in a ruling that, “Just because the co-accused was acquitted of the charges, the benefit of the same cannot be also extended to the appellant.” The matter was presided over by division bench of Justice Abhay Manohar Sapre and Justice R K Agrawal. In the instant decision of Jagtar Singh v …

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