Judgments - Acquittal
RAM SUNDER SEN Vs. NARENDRA @ BODE SINGH PATEL & ANR.
It is a settled law that when prosecution relies on circumstantial evidence, the following tests to be clearly established: (i) The circumstances from which an inference of guilt is sought to be drawn, must be cogent Full Judgment
N.SUNKANNA Vs. STATE OF A.P.
The prosecution has not examined any other witness present at the time when the money was demanded by the accused and also when the money was allegedly handed-over to the accused by the complainant. The complainant himself had disowned his complaint and has turned hostile and there is no other evidence to prove that the accused had made any demand. In short there is no Full Judgment
STATE OF KARNATAKA Vs. F.NATARAJ
In the present case, the gaps in the evidences of the prosecutrix and the medical officer make it highly improbable that sexual intercourse took place. It would be erroneous to rely upon such discrepant testimonies and convict the accused. It can thus be stated with certitude that the solitary evidence of the prosecutrix, in absence of any corroboration by the medical evidence, is not of such quality which can be Full Judgment
INTERNL.ADV.RES.CEN.FOR P.M.& N.M.& ORS. Vs. NIMRA CERGLASS (P) LTD.& ANR.
The legal position is well-settled that when a prosecution at the initial stage is asked to be quashed, the test to be applied by the court is, as to whether uncontroverted allegations as made in the complaint establish the offence. The High Court being superior court of the State should refrain from analyzing the materials which are yet to be adduced and seen in their true perspective. The Full Judgment
STATE OF M.P. Vs. MUNNA @ SHAMBHOO NATH
In view of the evidence on record and the rationale in the aforementioned cases, we are of a considered view that the prosecution has totally failed to prove beyond reasonable doubt that the girl was less than 16 years of age at the time of the incident. Therefore, it can be held that the girl was more than 16 years of age and she was competent to give her consent Full Judgment
STATE OF KARNATAKA Vs. CHAND BASHA
The prosecution story relies upon the ‘last seen together’ theory, which resulted into the death of Ganesh. This Court has time and again laid down the ingredients to be made out by the prosecution to prove the ‘last seen together’ theory. The Court for the purpose of arriving at a finding as to whether the said offence has been committed or not, may Full Judgment
P. SATYANARAYANA MURTHY Vs THE DIST. INSPECTOR OF POLICE AND ANR.
In a recent enunciation by this Court to discern the imperative pre-requisites of Sections 7 and 13 of the Act, it has been underlined in B. Jayaraj (supra) in unequivocal terms, that mere possession and recovery of currency notes from an accused without proof of demand would not establish an offence under Sections 7 as well as 13(1)(d)(i)&(ii) of the Act. It has been propounded Full Judgment
NIZAM & ANR. Vs. STATE OF RAJASTHAN
Case of the prosecution is entirely based on the circumstantial evidence. In a case based on circumstantial evidence, settled law is that the circumstances from which the conclusion of guilt is drawn should be fully proved and such circumstances must be conclusive in nature. Moreover, all the circumstances should be complete, forming a chain and there should be no gap left in the chain of evidence. Further, the proved circumstances must be consistent only with the hypothesis of the guilt Full Judgment
State of Himachal Pradesh Versus Lekh Ram
RAM NARAIN Vs. STATE OF U.P.
STATE OF U.P. Vs. SATVEER & ORS.
STATE OF KARNATAKA Vs. SATEESH & OR.
STATE OF BIHAR AND ORS. Vs. MANINDRA KUMAR
STATE OF BIHAR AND ORS. Vs. SODHAN DAIBAGANS AND ANR.
BIJENDRA BHAGAT Vs. STATE OF UTTARAKHAND
According to the witnesses these two accused were also armed with country made pistols. The injuries suffered by the deceased are incised wounds and one fire arm injury. However, none of the injuries on the person of the deceased could be attributed to the lathi which was supposedly in the hands of the appellant. Undoubtedly, three injuries on the person Full Judgment
KEDARI LAL Vs. STATE OF MP
The expression "known sources of income" in Section 13(1) (e) of the Act has two elements, first the income must be received from a lawful source and secondly the receipt of such income must have been intimated in accordance with the provisions of law, rules or orders for the time being applicable to the public servant. The categories so enumerated are illustrative. Receipt by way of share Full Judgment
SUBHASH @ DHILLU Vs. STATE OF HARYANA
To make out the offence under Section 120-B of IPC, the prosecution must lead evidence to prove the existence of some agreement between the accused persons. There is no specific evidence as to where and when the conspiracy was hatched and what was the specific purpose of such Full Judgment