benefit of doubt Archives

Supreme Court acquits three accused of murdering their sister-in-law in 27-yr-old case

“It is a well-established principle of criminal jurisprudence that conviction on a charge of murder may be based purely on circumstantial evidence, provided that such evidence is deemed credible and trustworthy. In cases involving circumstantial evidence, it is crucial to ensure that the facts leading to the conclusion of guilt are fully established and that all the established facts point irrefutably to the accused person’s guilt.”

13-year-old-murder case supreme court acquittal

Case Briefs Supreme Court

Supreme Court acquits persons accused in 13-year-old murder case as prosecution fails to establish guilt convincingly

While exercising jurisdiction under Article 136 of the Constitution, the Court does not interfere with the concurrent findings recorded by the courts below, until and unless the evidence has not been properly appreciated, material aspects have been ignored and the findings are perverse.

Case Briefs High Courts

Bombay HC acquits man convicted of murdering wife and infant son in view of the inconsistent testimonies given by the prosecution’s star witnesses

The Court emphasised on the settled position that when two views are possible to a case, then the one that is favours the accused must be adopted.

Case Briefs High Courts

[Death by Suicide] Allegations were general and omnibus in nature; Bombay High Court acquits husband due to insufficient evidence

To attract the charge of Section 306 of the Penal Code, the prosecution must establish incitement, instigation, aiding, or abetment to commit suicide.

Case Briefs Supreme Court

Supreme Court acquits convict in a 42-year-old murder case

“Any lingering doubt about the involvement of an accused in the crime he is accused of committing, must weigh on the mind of the court and in such a situation, the benefit of doubt must be given to the accused.”

Case Briefs Supreme Court

Mere acquittal in criminal case will not automatically qualify candidate for appointment to a post in law enforcement agency: Supreme Court

“The yardstick to be applied in cases where the appointment sought relates to a Law Enforcement Agency, ought to be much more stringent than those applied to a routine vacancy.”

Case Briefs High Courts

Principle of res ipsa loquitur in stricto sensu shall not apply to cases falling under Section 304-A of Penal Code, 1860: Uttaranchal High Court

“The res ipsa loquitur is applicable in a civil action under the tort and the same cannot be pressed into service in a criminal case to prove negligence.”

Case Briefs High Courts

‘Trial Court got swayed by crime of patricide’; Punjab and Haryana High Court acquits daughter in 20-year-old case

The daughter was 16 years and 4 months old studying in class 11 when she allegedly witnessed her father being shot with a gun by two people, then herself being fastened with the charges of killing her father.

Case Briefs Supreme Court

‘Circumstantial evidence to be accompanied with motive and corroborating evidence’; Supreme Court acquits men accused in 2001 murder case

The Supreme Court opined that the evidence has to be scrutinized so as to ensure that the totality of the evidence and circumstances relied on, did constitute a complete chain and directly points to the guilt of the convict.

Case Briefs High Courts

‘Contradictory Dying Declarations containing consistent statements about abuse and cruelty can be considered’;Telangana High Court upholds conviction of husband

The Telangana High Court upheld the conviction of a husband under Section 498A of Penal Code, 1860 (IPC) despite there being contradictions in the dying declarations as there were consistent statements about abuse and cruelty committed on the wife in all the dying declarations.

Case Briefs Supreme Court

“Left with no alternative”, Supreme Court acquits all 3 accused in Chhawla Gang Rape and Murder case

“The prosecution has to bring home the charges levelled against them beyond reasonable doubt, which the prosecution has failed to do in the instant case, resultantly, the Court is left with no alternative but to acquit the accused, though involved in a very heinous crime.”

Case Briefs High Courts

Statement of rape victim cannot be treated as gospel truth to convict an accused; Punjab & Haryana High Court upholds order of acquittal by trial court

Punjab and Haryana High Court: While dismissing the instant appeal preferred by the appellant against the order dated 01-05-2019 of

Case Briefs High Courts

Punjab and Haryana High Court acquits accused in daughter’s murder case; Sessions Court’s decision set aside

Punjab and Haryana High Court: While deciding the instant appeal preferred by the appellant against the judgment of conviction and

Case Briefs High Courts

Whether pleading guilty in the statement recorded under Section 313 CrPC sufficient for conviction or not? Allahabad High Court answers

Allahabad High Court: Samit Gopal, J. acquitted the appellant of the charges leveled against him of Section 307 of Penal

Case Briefs Supreme Court

Manipulated laboratory report, broken links of evidence; Supreme Court reverses concurrent findings of Courts below to acquit a murder accused

Supreme Court: The Division Bench of Hemant Gupta and Vikram Nath*, JJ., reversed the impugned judgments of the Punjab and Haryana High

Case Briefs Supreme Court

No conviction based on ‘last seen together’ theory when possibility of suicidal death not ruled out; SC sets man free in a 28-year-old honour killing case

“The suspicion howsoever strong cannot take place of proof.”

Case Briefs High Courts

Cal HC | In case of discrepancy between ocular and medical evidence, ocular testimony shall prevail; Conviction set aside entitling benefit of doubt

Calcutta High Court: Bibek Chaudhury, J. allowed an appeal which was filed assailing the judgment and order of conviction passed by the

Case Briefs High Courts

Tri HC | Order passed in special POCSO matter quashed considering benefit of doubt

Tripura High Court: Arindam Lodh J. quashed the judgement and order which was originally passed by the special judge (POCSO) West Tripura

Case Briefs Foreign Courts

SL CoA | Can a conviction stand solely on the uncorroborated testimony of the complainant? Court clarifies

Court of Appeal of the Democratic Socialist Republic of Sri Lanka: The Division Bench of Devika Abeyratne and P. Kumararatnam, JJ., allowed

Case Briefs Tribunals/Commissions/Regulatory Bodies

AFT| Mental disorders can escape detection, benefit of doubt cannot be given to the applicant merely on ground that disease could not be detected at the time of enrolment; Tribunal denied disability pension

Armed Forces Tribunal: Division Bench of Justice Umesh Chandra Srivastava (Chairperson) and Vice Admiral Abhay Raghunath Karve (Member) A, allowed the application