Tag: Acquittal

Supreme Court Acquits Two Men After 35 Years Due to “Defective Trial” and Missing Evidence
14Feb By The Legal ChamberNo Comments
Supreme Court

Supreme Court Acquits Two Men After 35 Years Due to “Defective Trial” and Missing Evidence

The Supreme Court held that a defective Section 313 CrPC statement, with only generic questions failing to put specific incriminating circumstances, causes grave prejudice and vitiates trial. Non-examination of a material Investigating Officer attracts adverse inference. Subsequent FIR superseding the original constitutes an embellished statement under Section 161 CrPC. Defence witnesses carry equal evidentiary value to prosecution witnesses. Facts Of The Case: On 11th May 1990, Gajendra Prasad Gupta was assaulted and fatally injured while returning from a village fair. His father, Rameshwar Sahu, initially gave a Fardbeyan on 12th May 1990 before ASI R. Paswan, which was treated as FIR. This statement described an altercation at the sweet stall and a subsequent attack by three uni...
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No Dismissal for Honourably Acquitted Employee: Supreme Court Upholds Fair Play, Awards Family Pension
13Feb By The Legal ChamberNo Comments
Supreme Court

No Dismissal for Honourably Acquitted Employee: Supreme Court Upholds Fair Play, Awards Family Pension

The Supreme Court held that dismissal from service for suppression of involvement in a criminal case was disproportionate, despite misconduct being proved. The punishment was modified to compulsory retirement, entitling the deceased appellant’s legal representatives to arrears of pension and family pension. Acquittal with a specific finding of alibi further warranted penalty modulation. Facts Of The Case: The appellant was appointed as a Constable in the Railway Protection Force in 1994. In 2007, an FIR was registered against him, his father, and brothers under Sections 363 and 366 IPC for alleged abduction of a girl. The charge-sheet was initially filed only against his brother, but in 2010, the appellant was summoned under Section 319 CrPC, and charges were framed against him. Immediat...
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A Landmark Ruling on Fair Trials: Supreme Court Issues New Guidelines for Video Conferencing and Witness Confrontation
4Feb By The Legal ChamberNo Comments
Supreme Court

A Landmark Ruling on Fair Trials: Supreme Court Issues New Guidelines for Video Conferencing and Witness Confrontation

The Supreme Court of India acquitted the appellant, primarily on the ground that the dock identification of the accused by the sole injured eyewitness, recorded via video conferencing after an inordinate delay of over eight years, was deemed unsafe and unreliable. The Court found the testimony suffered from material improvements and inconsistencies, and the recoveries were not conclusively linked to the crime. Consequently, the prosecution failed to prove guilt beyond reasonable doubt. Facts Of The Case: In the intervening night of 2nd/3rd November 2008, five assailants broke into the Delhi residence of Madan Mohan Gulati and his wife, Indra Prabha Gulati (PW-18). The intruders assaulted the elderly couple, resulting in Madan Mohan's death and serious injuries to Indra Prabha. The poli...
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Supreme Court Acquits Accused in Murder Case: Recovery of Weapon Alone is Not Proof
4Feb By The Legal ChamberNo Comments
Supreme Court

Supreme Court Acquits Accused in Murder Case: Recovery of Weapon Alone is Not Proof

The Supreme Court acquitted the appellant, holding that the conviction under Section 302 IPC and Section 25 of the Arms Act was unsustainable. The Court ruled that the recovery of a firearm from a place accessible to others, without independent corroboration or proof it was the murder weapon, is insufficient to establish guilt beyond reasonable doubt. Facts Of The Case: The case concerns the murder of Promila on June 12, 2016, in village M.P. Majra, Haryana. The First Information Report (FIR) was registered by her brother, Pradeep (PW-1), alleging that three unidentified men in a car shot her. Five days later, in a supplementary statement, Pradeep named the appellant, Govind, along with Sanoj and Amit, as the perpetrators. During the investigation, a country-made pistol and two live cart...
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From Death Row to Freedom: The Supreme Court’s Historic Curative Verdict in the Nithari Case
2Feb By The Legal ChamberNo Comments
Supreme Court

From Death Row to Freedom: The Supreme Court’s Historic Curative Verdict in the Nithari Case

Supreme Court Says this curative petition was allowed due to irreconcilable outcomes on an identical evidentiary foundation, violating Articles 14 and 21 of the Constitution. The Court found the Section 164 CrPC confession involuntary and Section 27 recoveries inadmissible, structural infirmities fatal to the conviction. The earlier judgment was set aside to cure a gross miscarriage of justice. Facts Of The Case: The case involves petitioner Surendra Koli, who was employed as a domestic help in Noida's Nithari area. Between 2005 and 2006, multiple women and children were reported missing. On December 29, 2006, human remains were discovered in the open area behind the house where Koli worked, leading to his arrest. He was convicted and sentenced to death in 2009 for the murder...
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“Mere Suspicion Not Proof”:Supreme Court Landmark Ruling on Circumstantial Evidence
13Jan By The Legal ChamberNo Comments
Supreme Court

“Mere Suspicion Not Proof”:Supreme Court Landmark Ruling on Circumstantial Evidence

This Supreme Court judgment underscores the stringent standards for conviction based on circumstantial evidence. It holds that the prosecution must establish a complete and unbroken chain of circumstances, excluding every hypothesis of innocence. Where gaps exist or alternative possibilities emerge, the benefit of doubt must be accorded to the accused, leading to acquittal if guilt is not proven beyond reasonable doubt. Facts Of The Case: An 85-year-old woman, living alone in Coimbatore, was found murdered in her home on the morning of December 19, 2016. She had been strangled with a towel, sexually assaulted, and her two gold bangles were missing. The prosecution's case relied on circumstantial evidence against the appellant, Mohamed Sameer Khan. Key points included that the appellant w...
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“Demand & Acceptance” Not Proved: Supreme Court Acquits Official in Anti-Corruption Case
13Jan By The Legal ChamberNo Comments
Supreme Court

“Demand & Acceptance” Not Proved: Supreme Court Acquits Official in Anti-Corruption Case

The Supreme Court reiterated the established principle that an appellate court should not reverse an acquittal unless the trial court’s view is perverse or based on a manifest misreading of evidence. The prosecution must prove the foundational facts of demand and acceptance of a bribe beyond reasonable doubt, and mere recovery of money is insufficient for conviction under the Prevention of Corruption Act. Facts Of The Case: The appellant, an Assistant Commissioner of Labour, was accused of demanding a bribe of ₹9,000 from a labour contractor for renewing three licences. The prosecution alleged that a partial payment of ₹3,000 was made on 25.09.1997, with the balance demanded the next day. The complainant reported this to the Anti-Corruption Bureau (ACB), which laid a trap on 26.09.1997. ...
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Supreme Court Overturns Life Sentences, Grants Benefit of Doubt in 1990 Murder Case
2Jan By The Legal ChamberNo Comments
Supreme Court

Supreme Court Overturns Life Sentences, Grants Benefit of Doubt in 1990 Murder Case

The Supreme Court acquitted the accused-appellant and three co-convicts, finding the prosecution's eyewitness testimonies wholly unreliable and contradictory regarding the genesis and location of the incident. The Court held that the prosecution failed to establish its case beyond reasonable doubt, warranting the benefit of doubt under Article 142 of the Constitution. Facts Of The Case: The case stems from an incident on 28th September 1990, where an altercation allegedly occurred in a village involving ten accused persons. According to the FIR lodged by Gobariya (PW-2), the incident began when the accused were damaging a temporary hutment belonging to Jagya (PW-3). Gobariya's son, Ramesh, intervened to pacify them, upon which the assailants allegedly turned on him and assaul...
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Supreme Court Upholds Tribunal’s Power to Modify Military Conviction
27Dec By The Legal ChamberNo Comments
Supreme Court

Supreme Court Upholds Tribunal’s Power to Modify Military Conviction

The Supreme Court affirmed the Armed Forces Tribunal’s power under Section 15(6) of the AFT Act, 2007, to substitute a conviction. It held that where evidence establishes an act prejudicial to military discipline under Section 63 of the Army Act, 1950, the Tribunal can legally replace a more severe charge with this lesser offence and modify the sentence accordingly. Facts Of The Case: The appellant, Colonel S.K. Jain, was the Commandant of the Northern Command Vehicle Depot in Udhampur. In September 2008, a contractor alleged that the appellant demanded a bribe for passing motorcycles during inspection. A trap was laid, and during a search of his office on September 27, 2008, a Board of Officers recovered an envelope containing ₹10,000 and, significantly, a quantity of old ammunition (7....
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Supreme Court Allows Plea of Juvenility Raised Decades After Conviction in Murder Case
27Dec By The Legal ChamberNo Comments
Supreme Court

Supreme Court Allows Plea of Juvenility Raised Decades After Conviction in Murder Case

This Supreme Court judgment affirms that claims of juvenility under the Juvenile Justice Act, 2000 can be raised at any stage, even post-conviction. The Court held that a juvenile offender cannot be detained beyond the statutory maximum period prescribed under the Act, and such excess detention violates Article 21 of the Constitution. Facts Of The Case: The petitioner, born on 10th June 1969, was convicted for a murder allegedly committed on 2nd November 1981, when he was approximately 12 years and 5 months old. The trial court, in its 1984 order, recognized his juvenility under the Children Act, 1960 and directed his placement in a children's home instead of prison. Following a reversal of his acquittal by the Supreme Court in 2009, the petitioner absconded and was subsequently arrested...
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