Acquittal - The Legal Chamber

Affidavits & Fair Trial: Why the Supreme Court Overturned a Murder Conviction

12Jun

By The Legal ChamberNo Comments

Supreme Court

Affidavits & Fair Trial: Why the Supreme Court Overturned a Murder Conviction

The Supreme Court acquitted the appellants, setting aside their conviction under Sections 302 and 307 read with Section 34 of the IPC, due to serious doubts about the prosecution's case. The investigation was deemed unfair because the investigating officer suppressed affidavits from three eyewitnesses (PW-5, PW-6, PW-7) that favored the accused, and failed to conduct further investigation based on these affidavits. The Court found it unsafe to convict solely on PW-4's testimony given the suppressed material. Facts Of The Case: Sakhawat and Mehndi, appellant nos. 1 and 2 respectively, appealed a judgment from the High Court of Allahabad dated October 9, 2018, which upheld their conviction for offenses under Section 302 and Section 307 read with Section 34 of the Indian Penal Code, 1860 (I...

From Life Imprisonment to Freedom: Supreme Court Cites “Misreading of Evidence” in Acquittal

11Jun

By The Legal ChamberNo Comments

Supreme Court

From Life Imprisonment to Freedom: Supreme Court Cites “Misreading of Evidence” in Acquittal

The Supreme Court, exercising its appellate jurisdiction under Article 136, set aside the concurrent convictions of the appellants, finding that the Trial Court and High Court had misread and ignored striking features of the prosecution's evidence. The Court highlighted issues with witness credibility, unexplained delays in statements, and unreliable corroborating evidence, concluding that guilt was not proven beyond reasonable doubt Facts Of The Case: In 2011, the wife of PW-1 won the Panchayat Board elections, a position held by Accused No. 1's family for approximately four decades. This led to numerous skirmishes between the two sides in the months following the elections. On the night of November 14, 2012, PW-1's brother (Deceased No. 1), his son (Deceased No. 2), and daughter (PW-9)...

UP Gangster Act Misuse? Supreme Court Sets Guidelines for Fair Enforcement

10Jun

By The Legal ChamberNo Comments

Supreme Court

UP Gangster Act Misuse? Supreme Court Sets Guidelines for Fair Enforcement

The Supreme Court quashed criminal proceedings under the UP Gangsters Act, emphasizing that a gang chart's approval requires independent application of mind by authorities and cannot be based solely on prior FIRs, especially without overt acts, violence, or economic gain. The judgment clarified the stringent conditions necessary for invoking the Act and upheld the importance of due process in such cases. Facts Of The Case: The case involved a criminal appeal against a High Court judgment that refused to quash proceedings initiated under the Uttar Pradesh Gangsters & Anti-Social Activities (Prevention) Act, 1986, against the appellant, Vinod Bihari Lal. The appellant was implicated in a "gang chart" based on previous FIRs. He sought to quash the proceedings and non-bailable warrants i...

Supreme Court Acquits Man in Murder Case, Citing “Last Seen” Evidence Insufficient

6Jun

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Acquits Man in Murder Case, Citing “Last Seen” Evidence Insufficient

The Supreme Court clarified that judicial members of Consumer Commissions are exempt from written exams. It upheld a five-year tenure and judicial majority in selection committees, while validating past appointments made before specific Limaye-I directives. The Court also mandated new rules from the Union of India, ensuring a permanent adjudicatory forum and expediting recruitment across states. Facts Of The Case: The prosecution's case originated from an incident on April 4, 2016, around 11 a.m., when the informant's son, Akash Garadia, along with Budhadeba Garadia (PW-1), Susanta Kusulia (PW-2), and the appellant/accused, went to a river to bathe. Subsequently, the appellant and Akash proceeded to a cashew field. When Akash and the appellant failed to return, PW-1 and PW-2 came back to...