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 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. Except these two restrictions, no other restrictions are prescribed under the Code requiring the Appellate Court to hear the accused before passing the sentence on reversal of the order of conviction.” The court clarified: “We make it clear that the position would have been different if the accused was to be sentenced to death penalty, in which event necessarily the accused should be provided with a fresh opportunity to bring to the notice of the Court, such circumstances as may help the Court in awarding an appropriate sentence.”

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History of this topic

Negotiable Instruments Act | Complainant Can Prefer Appeal Against Acquittal Order Before Sessions Court: Karnataka High Court
2 weeks, 4 days ago

Negotiable Instruments Act | Complainant Can Prefer Appeal Against Acquittal Order Before Sessions Court: Karnataka High Court

Live Law  

The Karnataka High Court has said that a complainant in a case under the Negotiable Instruments Act, can file an appeal against an acquittal order before the Sessions Court and need not approach the high court. In the present case, Justice S Rachaiah referred to Section 378 of CrPC which states that if an order of acquittal is passed in …

SC strengthens legal protection in appeal cases
3 weeks, 3 days ago

SC strengthens legal protection in appeal cases

Hindustan Times  

Reaffirming the fundamental principle that “bail is the rule, and jail is the exception,” the Supreme Court on Friday ruled that an individual acquitted by a trial court must be released on bail when a high court reviews the acquittal order. The ruling came while setting aside two orders of the Delhi high court that stayed a discharge order in …

S.482 CrPC | Criminal Proceedings Can Be Quashed Based On Witness Statements Only In Rare Circumstances To Avoid Injustice: Karnataka HC
1 month, 2 weeks ago

S.482 CrPC | Criminal Proceedings Can Be Quashed Based On Witness Statements Only In Rare Circumstances To Avoid Injustice: Karnataka HC

Live Law  

“ Such consideration of quashment of the proceedings, relying on the statement under Section 161 of the Cr.P.C. A single judge bench Justice M Nagaprasanna, which obliterated the cognizance order taken by Magistrate and remitted the matter back for fresh consideration said, The Karnataka High Court on Friday, while refusing to quash the proceeding initiated against former Chief Minister B …

Karnataka HC sends POCSO case against ex-CM back to trial court for fresh order on cognisance
1 month, 2 weeks ago

Karnataka HC sends POCSO case against ex-CM back to trial court for fresh order on cognisance

The Hindu  

The High Court of Karnataka on Friday remitted to the trial court to pass appropriate order afresh on the issue of taking cognisance of offences based on the chargesheet filed against former Chief Minister B.S. Terming the July 4, 2024 order of taking cognisance of offence by the trial court as “bald, laconic and cryptic”, the High Court directed the …

Accused In Cheque Bounce Cases Should Not Be Equated With Those Convicted Under Other Penal Statutes: Karnataka High Court
1 month, 3 weeks ago

Accused In Cheque Bounce Cases Should Not Be Equated With Those Convicted Under Other Penal Statutes: Karnataka High Court

Live Law  

the Courts while exercising its discretion at the time of passing the appropriate sentence in a given case, is entitled to use its discretionary power in awarding imprisonment or fine or with both. The Karnataka High Court recently observed that an accused who has suffered an order of conviction in a prosecution under Section 138 of the Negotiable Instruments Act …

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 …

'Permitting Trial Would Be An Exercise In Futility': Karnataka High Court Quashes 'Oldest Case' In State After 44 Yrs
2 months, 3 weeks ago

'Permitting Trial Would Be An Exercise In Futility': Karnataka High Court Quashes 'Oldest Case' In State After 44 Yrs

Live Law  

“ Therefore, if acquittal is eminent in a trial, permitting such trial against the accused would be nothing but waste of precious judicial time as is observed hereinabove. Thus, ends the oldest case, in the criminal justice system, of the State, perhaps, which is 44 years old.” Justice M Nagaprasanna while allowing the petition by Chadra alias V Chandrashekara Bhat, …

In Acquittal Due To Compromise/Hostile Witness, Unjustified For Authorities To Put Honourable Acquittal Test In False Cases: Madhya Pradesh HC
3 months, 3 weeks 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 …

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

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 …

Trial Court Cannot Morally Convict Accused In Absence Of Legal Proof: Karnataka High Court Sets Aside Murder Conviction, Life Sentence
11 months, 1 week ago

Trial Court Cannot Morally Convict Accused In Absence Of Legal Proof: Karnataka High Court Sets Aside Murder Conviction, Life Sentence

Live Law  

The Karnataka High Court has set aside the murder conviction and life sentence imposed on three accused of setting ablaze a woman. Citing prosecution's failure to establish its case beyond reasonable doubt, a Division bench of Justice Sreenivas Harish Kumar and Justice S Rachaiah remarked, “It appears that the trial court has morally convicted the accused in the absence of …

SC Refuses to Stay Sai Baba Acquittal
1 year 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
1 year 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 …

Fast Track Courts & Alternate Dispute Resolution Not Sufficient To Reduce Burden, Courts Should Curb Abuse Of Legal Procedures: Karnataka HC
1 year ago

Fast Track Courts & Alternate Dispute Resolution Not Sufficient To Reduce Burden, Courts Should Curb Abuse Of Legal Procedures: Karnataka HC

Live Law  

The Karnataka High Court has observed that Courts should be very conscious and unless it is satisfied that the material evidence placed before it warrants exercise of power under Section 216, the powers under Section 216 of Cr.P.C. Unless the Courts dispense with such procedures which are totally unnecessary and causes no prejudice to the parties if they are dispensed …

Karnataka HC Recalls Order Initiating Criminal Contempt Against Advocate Who Misbehaved In Court After He Tenders Unconditional Apology
1 year, 1 month ago

Karnataka HC Recalls Order Initiating Criminal Contempt Against Advocate Who Misbehaved In Court After He Tenders Unconditional Apology

Live Law  

The Karnataka High Court has recalled its order directing the initiation of criminal contempt action against an advocate for misbehaving in court by throwing the case files, addressing the bench in a loud voice, and refusing to argue on merits after he tendered an unconditional apology before the court. A single judge bench of Justice K S Hemalekha allowed the …

[T P Chandrasekharan Murder] Kerala High Court Upholds Conviction Of Accused, Sets Aside Acquittal Of Two
1 year, 1 month 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
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 …

[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, 5 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 …

Appellate Courts Can Interfere With Acquittal Judgments Despite Double Presumption In Favour Of Accused: Kerala High Court
1 year, 6 months ago

Appellate Courts Can Interfere With Acquittal Judgments Despite Double Presumption In Favour Of Accused: Kerala High Court

Live Law  

While reversing an order of acquittal in a bribery case against a village officer, the Kerala High Court recently observed that CrPC does not mandate the appellate court to differentiate between the appeals against judgments of conviction or acquittal and that they have the same powers while dealing with both. It was also argued that the court below failed to …

Supreme Court Upholds Acquittal Of A Death Row Convict By High Court
1 year, 10 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 …

Section 389 CrPC | Sentence Can Be Suspended In Appeal Only If Convict Has Fair Chances Of Acquittal : Supreme Court
1 year, 10 months ago

Section 389 CrPC | Sentence Can Be Suspended In Appeal Only If Convict Has Fair Chances Of Acquittal : Supreme Court

Live Law  

The Supreme Court has held that in order to suspend the substantive order of sentence under Section 389 of the Criminal Procedure Code, there ought to be something apparent or gross on the face of the record, on the basis of which, the Court can arrive at a prima facie satisfaction that the conviction may not be sustainable. It also …

Karnataka High Court Refuses To Hear Plea For Postponing 5th And 8th Standard State Board Exams
2 years ago

Karnataka High Court Refuses To Hear Plea For Postponing 5th And 8th Standard State Board Exams

Live Law  

The Karnataka High Court on Tuesday refused to hear a matter seeking postponement of Board exams for 5 and 8th standard students of the State board, which is scheduled to be held on March 27. It was submitted that the Apex court is seized of the matter challenging the interim order of the Division bench staying the single bench order …

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 …

Gujarat High Court Allows Rape Accused To Use Victim’s Section 161 CrPC Statement Of Different Case To Contradict Her Allegations
2 years, 1 month ago

Gujarat High Court Allows Rape Accused To Use Victim’s Section 161 CrPC Statement Of Different Case To Contradict Her Allegations

Live Law  

The Gujarat High Court recently quashed a trial court order denying the accused opportunity to examine a police inspector in a rape case. The trial court had also observed that unless and until she is not examined by the court, the statement recorded under Section 161 of Cr.P.C. Before the registration of rape case, the victim's brother had lodged the …

Orissa High Court Refuses To Reverse 29 Yrs Old Acquittal Order In 'Civil Dispute' Painted As Theft Case
2 years, 1 month 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 …

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 …

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [October 24 – 31, 2022]
2 years, 4 months ago

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [October 24 – 31, 2022]

Live Law  

Central Excise Tariff Act, 1988 - Modified Vapour Absorption Chiller Machines cannot be categorized as a Heat Pump to avail concessional tariff benefits - The end use of MVAC is to produce Chilled Water. Thermax Ltd v. Commissioner of Central Excise, Pune-1, 2022 LiveLaw 881 Code of Criminal Procedure, 1973; Section 406 - Negotiable Instruments Act, 1881; Section 138 - …

Complainant's Presence Not Necessary While Recording Plea Of Accused: Karnataka High Court Restores Complaint U/S 138 NI Act
2 years, 5 months ago

Complainant's Presence Not Necessary While Recording Plea Of Accused: Karnataka High Court Restores Complaint U/S 138 NI Act

Live Law  

The Karnataka High Court has said that an acquittal order cannot be passed by the trial court under section 138 of the Negotiable Instruments Act, for non-appearance of the complainant while recording plea of accused. When the matter was posted for recording plea of accused, JMFC dismissed the complaint for non- appearance of the complainant. Findings: The bench referring to …

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 …

Acquittal In Criminal Case Can Be Considered To Determine Punishment In Department Enquiry: Andhra Pradesh High Court
2 years, 6 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, 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 …

'Double Presumption Available In Favour Of Accused After Acquittal' : Supreme Court Restores Acquittal In Murder Case
2 years, 8 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 …

Karnataka High Court Suggests Centre To Amend S.372 CrPC To Allow Victims To File Appeal Seeking Enhancement Of Sentence Of Convicts
2 years, 9 months ago

Karnataka High Court Suggests Centre To Amend S.372 CrPC To Allow Victims To File Appeal Seeking Enhancement Of Sentence Of Convicts

Live Law  

The Karnataka High Court has suggested that the Central Government make necessary amendments to Section 372 of the Criminal Procedure Code, in order to provide an opportunity to victims to approach the Court in appeal seeking enhancement of sentence imposed on a convict. Instead, it allowed the revision petition filed by the accused and set aside the order of the …

'Inferences About Victim's Conduct May Need A Revisit' : Bombay High Court Grants Leave To State To Appeal Against Tarun Tejpal's Acquittal
2 years, 11 months ago

'Inferences About Victim's Conduct May Need A Revisit' : Bombay High Court Grants Leave To State To Appeal Against Tarun Tejpal's Acquittal

Live Law  

Noting that certain observations by the trial judge about the rape victim's conduct need to be revisited, the Bombay High Court granted leave to the State of Goa to appeal against the order acquitting Tejpal in a 2013 sexual harassment case. "Based on this evidence, perhaps, some of the learned Additional Sessions Judge inferences about the victim's conduct may also …

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 …

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 …

Natural Justice Principles Violated As Sufficient Time To Produce Acquittal Orders Not Provided: MP High Court Quashes Externment Order
3 years, 3 months ago

Natural Justice Principles Violated As Sufficient Time To Produce Acquittal Orders Not Provided: MP High Court Quashes Externment Order

Live Law  

The Madhya Pradesh High Court recently quashed an externment order passed against a man by holding that natural justice principles were violated as the man wasn't given sufficient time to produce the orders of acquittal in the cases in which he was already acquitted.The Bench of Justice Subodh Abhyankar also noted that if the man had been given an opportunity …

'Guilt Of Accused Can Be Established Only After Examination Of All Witnesses': Karnataka High Court Directs Retrial Of Rape Case
3 years, 5 months ago

'Guilt Of Accused Can Be Established Only After Examination Of All Witnesses': Karnataka High Court Directs Retrial Of Rape Case

Live Law  

Observing that "guilt of the accused can be established only after examination of all the witnesses as desired by the prosecution," the Karnataka High Court recently set aside the order passed by a trial court acquitting a person accused of raping a minor. However, the court on going through the record noted that the prosecution had not made the necessary …

Plea Against Kerala HC Order Recalling Judgment Quashing POCSO Case Citing Marriage: Supreme Court Issues Notice
3 years, 7 months ago

Plea Against Kerala HC Order Recalling Judgment Quashing POCSO Case Citing Marriage: Supreme Court Issues Notice

Live Law  

The Supreme Court issued notice in Special Leave Petition filed against a Kerala High court order recalling its earlier judgment quashing rape and child sexual assault charges against various accused.The High Court bench presided by Justice K. Haripal had initially quashed the proceedings against on the grounds of the marriage of the accused to the victims. The Supreme Court issued …

Appellate Court's Jurisdiction Under Section 96 CPC Involves Rehearing On Questions Of Law As Well As Fact: Supreme Court
4 years, 1 month ago

Appellate Court's Jurisdiction Under Section 96 CPC Involves Rehearing On Questions Of Law As Well As Fact: Supreme Court

Live Law  

The Supreme Court observed that an appellate court's jurisdiction under Section 96 of the Code of Civil Procedure, involves a rehearing of appeal on questions of law as well as fact.The bench comprising Justices S. Abdul Nazeer and Surya Kant observed thus while setting aside an order passed by Karnataka High Court which had dismissed the appeal filed against a …

'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 …

Court Hearing First Appeal In Criminal Matter Required To Form Its Own Opinion, Reiterates SC [Read Order]
4 years, 5 months ago

Court Hearing First Appeal In Criminal Matter Required To Form Its Own Opinion, Reiterates SC [Read Order]

Live Law  

The Court hearing First Appeal in criminal matters required to form its opinion on the basis of the evidence on record and the opinion of the Trial Court, the Supreme Court has reiterated.While considering a Special Leave Petition against a Rajasthan High Court order which had dismissed an appeal against conviction recorded by the Trial Court. The Court hearing First …

[Death Sentence To Acquittal] Madras HC Acquits Prime Accused Chinnasamy in 2016 Udumalpet Honour Killing Case: [Read Judgment]
4 years, 9 months ago

[Death Sentence To Acquittal] Madras HC Acquits Prime Accused Chinnasamy in 2016 Udumalpet Honour Killing Case: [Read Judgment]

Live Law  

The Madras High Court has set aside the order of conviction passed by the Principal District and Sessions Court, Tiruppur, against B. Chinnasamy, the prime accused in the 2016 'Udumalpet' Shankar murder case, and has ordered that he be released from custody forthwith. Finding Chinnasamy guilty of criminal conspiracy and Murder, and other relevant provisions of the Scheduled Castes and …

Breaking: Appeal Against Acquittal In Cheque Bounce Cases Can Be Filed Only Before High Court U/s 378(4) CrPC: Madras HC Full Bench
4 years, 9 months ago

Breaking: Appeal Against Acquittal In Cheque Bounce Cases Can Be Filed Only Before High Court U/s 378(4) CrPC: Madras HC Full Bench

Live Law  

The Madras High Court has held that the appeal against acquittal of the accused in a cheque bounce case can be filed only before the High Court under Section 378 of Cr.PC. The bench observed: "As against an order of acquittal passed by a Magistrate on a complaint, an appeal will lie only before the High Court, under Section 378 …

Section 173(8) CrPC: Courts Not Obliged To Hear Accused While Considering Plea For Further Investigation: SC [Read Judgment]
5 years ago

Section 173(8) CrPC: Courts Not Obliged To Hear Accused While Considering Plea For Further Investigation: SC [Read Judgment]

Live Law  

The Supreme Court has reiterated that a court is not obliged to hear the accused before any direction for further investigation is made under Section 173 of the Code of Criminal Procedure. In the appeal before the Apex Court, the issue raised was whether the appellant, who is one of the co-accused against whom the charge-sheet is already filed and …

If Victims Evidence Inspires Confidence In Absence Of Medical Evidence Court Can Convict Rape Accused : Karnataka HC [Read Judgment]
5 years, 5 months ago

If Victims Evidence Inspires Confidence In Absence Of Medical Evidence Court Can Convict Rape Accused : Karnataka HC [Read Judgment]

Live Law  

The Karnataka High Court while setting aside an acquittal order and convicting a 47-year old man on charges of raping a minor girl said "The very evidence of victim inspires confidence of the Court that accused subjected her to sexual act and even in the absence of medical evidence this court can come to the conclusion that victim was subjected …

Supreme Court Monthly Digest- August 2019
5 years, 5 months ago

Supreme Court Monthly Digest- August 2019

Live Law  

Section 313 CrPC: Inculpatory Material As Not Put To The Accused Must Be Eschewed Samsul Haque vs. State of Assam The Supreme Court has reiterated that the incriminating material that came in evidence is to be put to the accused during his examination under Section 313 of the Criminal Procedure Code.The bench comprising Justice Sanjay Kishan Kaul and Justice KM …

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 …

Pre-Sentence Hearing On A Separate Date Not Mandatory: SC [Read Judgment]
5 years, 11 months ago

Pre-Sentence Hearing On A Separate Date Not Mandatory: SC [Read Judgment]

Live Law  

The Supreme Court has observed that there is no bar on the pre-sentencing hearing taking place on the same day after passing the judgment of conviction, if the accused and the prosecution are ready to submit their arguments. The bench comprising Justice NV Ramana, Justice Mohan M. Shantanagoudar and Justice Indira Banerjee observed that the object of Section 235 of …

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