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Articles for Appellants, search results for accused

'No Premeditation': Gujarat HC Overturns Murder Conviction Of Two Who Caused Fatal Injuries From Iron Strips, Convicts For Culpable Homicide
1 week, 3 days ago

'No Premeditation': Gujarat HC Overturns Murder Conviction Of Two Who Caused Fatal Injuries From Iron Strips, Convicts For Culpable Homicide

Live Law  

The Gujarat High Court overturned the murder conviction of two men to culpable homicide not amounting murder, after noting that the facts of the case the ingredients of the offence of murder under the IPC were not made out. Relying on the same, the division bench then observed “For the reasons recorded above, we have no hesitation to hold that …

Injuries Murder Court Gujarat Culpable Homicide Incident Ipc
Trial Court Erred In Closing Evidence Upon Refusal Of Accused's Counsel To Enter Appearance: Rajasthan HC Sets Aside POCSO Conviction
3 weeks, 2 days ago

Trial Court Erred In Closing Evidence Upon Refusal Of Accused's Counsel To Enter Appearance: Rajasthan HC Sets Aside POCSO Conviction

Live Law  

Rajasthan High Court has set aside the conviction of a man convicted by the Special POCSO Court on the grounds that when the appellant's counsel refused to appear, instead of appointing an Amicus Curiae at that instance, the trial court closed the evidence. It was contended by the Amicus Curiae on behalf of the appellant that on account of trial …

Counsel Court Trial Court Appellant Curiae Amicus
Arson Case | Prosecution's Story Highly Doubtful: Allahabad HC In Disqualified MLA Irfan Solanki Bail Order
1 month, 1 week ago

Arson Case | Prosecution's Story Highly Doubtful: Allahabad HC In Disqualified MLA Irfan Solanki Bail Order

Live Law  

Granting bail to Irfan Solanki, a now disqualified MLA of the Samajwadi Party, in a 2022 house arson case, the Allahabad High Court on Thursday observed that the link of circumstance led by the prosecution is inconclusive and cannot give rise to the definite inference of his guilt. In contrast, and interestingly, in a separate order dismissing his application for …

Evidence Court Bail Prosecution Appellants Solanki Irfan Solanki
Rajasthan HC clears accused of charges under SC/ST Act in 2011 ‘casteist slurs’ case
1 month, 1 week ago

Rajasthan HC clears accused of charges under SC/ST Act in 2011 ‘casteist slurs’ case

Hindustan Times  

The Rajasthan high court on Tuesday dismissed charges under the Scheduled Castes and Scheduled Tribes Act, 1989, against four individuals accused of using derogatory language toward public officials during an encroachment inspection in Jaisalmer. Justice Birendra Kumar observed that the alleged terms used — ‘bhangi’, ‘neech’, ‘bhikhari’ and ‘mangani’ — were not casteist slurs and therefore did not meet the …

Rajasthan Court Caste Charges Public Act
Difficult To Conclude If Accused Were Onlookers Or Real Culprits: Rajasthan HC Grants Bail To Men Accused Of Attacking Religious Procession
1 month, 1 week ago

Difficult To Conclude If Accused Were Onlookers Or Real Culprits: Rajasthan HC Grants Bail To Men Accused Of Attacking Religious Procession

Live Law  

The Jodhpur bench of the Rajasthan High Court granted bail to several men accused of beating, throwing stones and using casteist slurs at members of a religious procession, noting that it was difficult to conclude whether the men were mere onlookers or the real culprits especially since there was no similar case pending against them. The court passed the order …

Court Appellants This Court Men Accused Rajasthan Hc Real Culprits Religious Procession
Supreme Court Rules in Favor of Accused in Murder Case, Holding That Silence and False Explanations Can Be Admissible Evidence
1 month, 3 weeks ago

Supreme Court Rules in Favor of Accused in Murder Case, Holding That Silence and False Explanations Can Be Admissible Evidence

Live Law  

The Supreme Court has affirmed the High Court's decision in a criminal appeal filed by an accused against the acquittal of the accused in a murder case. The court held that when the offence was committed in the presence of the accused presence in the privacy of their house, then their failure to offer explanations can be treated as an …

Law Criminal Law Evidence Act S.106 Evidence Act New Delhi
Supreme Court Rules in Favor of Accused in House Robbery Case, Holding That Silence is an Adverse Circumstance
1 month, 3 weeks ago

Supreme Court Rules in Favor of Accused in House Robbery Case, Holding That Silence is an Adverse Circumstance

Live Law  

The Supreme Court has observed that when the offence was committed in the presence of the accused in the privacy of their house, then their failure to offer explanations can be treated as an adverse circumstance against them as per Section 106 of the Indian Evidence Act, 1872. The court held that the presence of the accused at the time …

Law Crime Trial Evidence Act New Delhi
'Major Contradictions In Statements Of Police/ Eyewitnesses': Allahabad HC Acquits 3 Murder Accused In 23 Year Old Case
4 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 …

Court Witnesses Case Statements Appellants Singh Vijay
NDPS Act | Can Convict Accused Based On Testimony Of Police/DRI Witnesses If It Inspires Confidence: Allahabad HC
6 months ago

NDPS Act | Can Convict Accused Based On Testimony Of Police/DRI Witnesses If It Inspires Confidence: Allahabad HC

Live Law  

The Allahabad High Court has observed that an accused's conviction in a case under the Narcotic Drugs and Psychotropic Substances Act may safely be based on the testimony of police witnesses or witnesses of the Directorate of Revenue Intelligence if such testimony inspires confidence. Defending the trial court's judgment, Senior Standing Counsel Digvijay Nath Dubey, appearing for the DRI, argued …

Trial Evidence Court Witnesses Prosecution Case Appellants
'Impossible For Police To Plant Heavy Contraband': Punjab & Haryana High Court Dismisses Appeal Of Men Convicted For Possessing 25 Kg Heroin
6 months ago

'Impossible For Police To Plant Heavy Contraband': Punjab & Haryana High Court Dismisses Appeal Of Men Convicted For Possessing 25 Kg Heroin

Live Law  

The Punjab & Haryana has dismissed the appeal challenging the conviction under the NDPS Act for possessing 25 kg heroin. The Court rejected the argument that the contraband was planted by the police and that accused persons were falsely implicated in the case.Justice Gurvinder Singh Gill and Justice N.S. The Court was hearing an appeal filed against the conviction under …

Recovery Court Haryana Men State Accused Appellants
S.494 IPC | Friends/Relatives Can't Be Held To Have Common Intention For Offence Of Bigamy By Mere Presence In Second Marriage: Supreme Court
7 months ago

S.494 IPC | Friends/Relatives Can't Be Held To Have Common Intention For Offence Of Bigamy By Mere Presence In Second Marriage: Supreme Court

Live Law  

The Supreme Court, in a recent judgment, held that the charge under the offence of bigamy, punishable under Section 494 of the Indian Penal Code, can be framed only against the spouse to the second marriage. By the mere presence of friends and relatives in the second marriage, it cannot be held that they had the common intention to commit …

Marriage Court Accused Ipc Second Appellants Offence
Six Former Employees of OU Acquitted in 30 Year Old Fraud Case
8 months ago

Six Former Employees of OU Acquitted in 30 Year Old Fraud Case

Deccan Chronicle  

Hyderabad: The Telangana High Court acquitted six former employees of Osmania University, who were accused of misappropriating varsity funds to the tune of Rs 1.50 crore during 1990-1993, by way of purchasing stationery and paying overtime allowances to employees. According to the records, the allegations were that Rs 31,83,765 was misappropriated in overtime allowance; Rs 19,91,922 for purchasing printing paper; …

High Court Employees
Anticipatory Bail Application Can Be Considered Even After Cognizance Of Private Complaint Is Taken: Karnataka High Court
8 months, 3 weeks ago

Anticipatory Bail Application Can Be Considered Even After Cognizance Of Private Complaint Is Taken: Karnataka High Court

Live Law  

The Karnataka High Court has set aside an order of the trial court which rejected a petition for anticipatory bail filed by an accused charged under provisions of the Scheduled Castes/Scheduled Tribes Act on the ground that cognizance had already been taken of the complaint. The court said,“The Sessions Judge was not proper in rejecting the petition filed under Section …

Court Bail Judge Accused Appellants Complainant Complaint
Examination In Chief Of Witnesses Without Recording Their Cross-Examination Is Contrary To Law: Supreme Court
8 months, 3 weeks ago

Examination In Chief Of Witnesses Without Recording Their Cross-Examination Is Contrary To Law: Supreme Court

Live Law  

The Supreme Court observed that recording only the examination in chief of witnesses without recording their cross-examination is contrary to the law. While the Top Court was hearing the case, it was apprised that the Trial Court recorded the examination-in-chief of 12 prosecution witnesses one after the other on different dates without recording their cross-examination. “Before recording the examination-in-chief of …

Law Supreme Court Trial Court Witnesses Prosecution Recording
Charge Under UP Gangsters Act Unsustainable When Accused Is Exonerated Of Predicate IPC Offences : Supreme Court
10 months ago

Charge Under UP Gangsters Act Unsustainable When Accused Is Exonerated Of Predicate IPC Offences : Supreme Court

Live Law  

The Supreme Court on Monday observed that to prosecute the accused under Section 3 of the U.P. “Needless to say that for framing a charge for the offence under the Gangsters Act and for continuing the prosecution of the accused under the above provisions, the prosecution would be required to clearly state that the appellants are being prosecuted for any …

Supreme Court Prosecution Gangsters Gang Accused Ipc Appellants
Supreme Court Refuses To Set Aside Murder Conviction Merely Because Of Mismatch Between Doctor's Evidence & Ocular Evidence
10 months, 2 weeks ago

Supreme Court Refuses To Set Aside Murder Conviction Merely Because Of Mismatch Between Doctor's Evidence & Ocular Evidence

Live Law  

The Supreme Court recently upheld the conviction in a murder case observing that the ocular evidence given by the eye witness can't be discredited merely because the expert opinion supplied by the doctor suggests the use of different weapons in causing injuries.Setting aside the concurrent findings of the High Court and Trial Court, the Bench of Justices Abhay S. Oka …

Family Supreme Court Evidence Court Trial Court Family Members Ipc
Clothes Torn During Free Fight Not Necessarily Offence Of 'Outraging Modesty' U/S 354 IPC: Jharkhand High Court
11 months ago

Clothes Torn During Free Fight Not Necessarily Offence Of 'Outraging Modesty' U/S 354 IPC: Jharkhand High Court

Live Law  

The Jharkhand High Court, in acquitting an accused under Section 354 IPC, has noted that the mere tearing of clothing during a spontaneous altercation does not necessarily constitute an offence of outraging a woman's modesty. Justice Gautam Kumar Choudhary observed, “For offence under Section 354 IPC, intention to outrage modesty of a woman, is the fundamental ingredient. If in a …

Counsel Court Ipc Appellants Act Offence Modesty
No Apprehension Of Arrest, 41A CrPC Notice Issued: Madhya Pradesh High Court Denies Anticipatory Bail, Directs Cooperation In Investigation
1 year ago

No Apprehension Of Arrest, 41A CrPC Notice Issued: Madhya Pradesh High Court Denies Anticipatory Bail, Directs Cooperation In Investigation

Live Law  

Noting that the appellants who sought anticipatory bail had been given notice under Section 41-A CrPC, the Madhya Pradesh High Court observed that there was no necessity to grant the relief of anticipatory bail. The single-judge bench of Justice Vishal Dhagat noted that the accused have already received Section 41-A CrPC notice from the investigating officer and a direction to …

Investigation Court Appellants Madhya Pradesh Crpc Section 41
Supreme Court Grants Anticipatory Bail To Law Students Accused Of Injuring Two Advocates
1 year ago

Supreme Court Grants Anticipatory Bail To Law Students Accused Of Injuring Two Advocates

Live Law  

The Supreme Court recently granted anticipatory bail to law students who were accused of injuring two advocates inside their chamber. “Since the petitioners have trespassed into the premises and assaulted both the Advocates, who are de-facto complainant, and another, this Court is not inclined to grant relief of anticipatory bail.,” the High Court held. One may also note that the …

Supreme Court Court Appellants Advocate
Court Can Draw Adverse Inference Against Prosecution For Non-Examination Of Material Witness: Patna High Court Acquits Life Convicts
1 year, 2 months ago

Court Can Draw Adverse Inference Against Prosecution For Non-Examination Of Material Witness: Patna High Court Acquits Life Convicts

Live Law  

In a significant legal development, the Patna High Court, acquitted the accused persons in a murder case, setting aside their conviction. One of the primary issues before the Court was whether the non-examination of material witnesses, namely Rahul Paswan, Ghamri Ansari, and Sanju Singh, who had assisted the informant in rescuing the deceased from the pond and were alleged to …

Evidence Court Witness Witnesses Prosecution Case Appellants
S.149 IPC - Prosecution Must Prove Accused Was Aware Of Offences Likely To Be Committed To Achieve Common Object: Supreme Court
1 year, 2 months ago

S.149 IPC - Prosecution Must Prove Accused Was Aware Of Offences Likely To Be Committed To Achieve Common Object: Supreme Court

Live Law  

The Supreme Court recently emphasized the importance of concrete evidence to establish the common object in cases involving Section 149 of the Indian Penal Code. "To convict a person under Section 149 IPC prosecution has to establish with the help of evidence that firstly, appellants shared a common object and were part of unlawful assembly and secondly, it had to …

Supreme Court Assembly Court Prosecution Appellants Fir Supreme
[S.27 Arms Act] Mere Recovery Of Weapon Based On Accused's Confession Insufficient, Ballistic Expert Opinion Vital: Patna High Court
1 year, 2 months ago

[S.27 Arms Act] Mere Recovery Of Weapon Based On Accused's Confession Insufficient, Ballistic Expert Opinion Vital: Patna High Court

Live Law  

The Patna High Court while overturning the convictions of eight individuals in a murder case, has opined that the mere discovery of weapons, specifically pistols and cartridges, based on the confessions of the accused, without the input of a ballistic expert, was insufficient to establish the charge under Section 27 of the Arms Act. Moreover, there was no attempt made …

Court Prosecution Case Appellants Weapon Pat
42 Yrs After Alleged Incident, Patna High Court Sets Aside Rioting, Murder Convictions Citing "Perfunctory" Examination Of Accused U/S 313 CrPC
1 year, 2 months ago

42 Yrs After Alleged Incident, Patna High Court Sets Aside Rioting, Murder Convictions Citing "Perfunctory" Examination Of Accused U/S 313 CrPC

Live Law  

The Patna High Court has set aside a 27 year old rioting and murder convictions qua six persons, while underscoring the significance of conducting a thorough and impartial inquiry of the accused as per Section 313 of the Cr.P.C. Therefore, while examining the accused, trial Court should be mindful of the object underlying this provision.” “the non-examination of the Investigating …

Court Prosecution Case Examination Opportunity Accused Appellants
‘Violative Of Privacy Right Of The Infant’: Chhattisgarh High Court Rejects Applications Seeking DNA Test Of Child Born Out Of Gang Rape
1 year, 4 months ago

‘Violative Of Privacy Right Of The Infant’: Chhattisgarh High Court Rejects Applications Seeking DNA Test Of Child Born Out Of Gang Rape

Live Law  

The Chhattisgarh High Court has recently rejected applications filed by two men, accused of committing gang rape on a minor girl, for conducting DNA test of the child born to the victim subsequent to the gang rape. The Division Bench of Justice Sanjay K. Agrawal and Justice Radhakishan Agrawal held the demand for DNA test as a violation of the …

Privacy Court Rape Test Victim Applications Gang