Criminal Law Roundup: A quick recap of the top criminal cases from November 2024
Top criminal cases on quashing of proceedings, arrest, bail, acquittal, and more.
acquittal
Allahabad High Court acquits seven in 2004 rape and kidnapping case; Raises possibility of victim’s involvement in crime
“The medical evidence on record does not support the allegation made by prosecutrix and there is no other corroboration of the version of the victim.”
‘FIR not an encyclopedia, but can be used to corroborate or contradict informant’; SC upholds acquittal of 3 in 28-year-old murder case
“The prime object of FIR, from the point of view of the informant is to set the criminal law in motion and from the point of the investigating authorities is to obtain information about the alleged activity to enable them to take suitable steps to trace and book the guilty. FIR is an important document, though not a substantial piece of evidence, and may be put in evidence to support or contradict the evidence of its maker viz., the informant.”
Know why Supreme Court decided to acquit and quash death sentence of 2012 Pune Triple Murder accused
The accused was arrested in 2012 on the suspicion of murdering his wife, mother and 2-year-old daughter. In 2016, the Trial Court convicted him and imposed death penalty which was confirmed by Bombay High Court
[1998 Brij Bihari Prasad murder] SC restores life sentence of former MLA Vijay Kr. Shukla & another; Acquits others on benefit of doubt
Brij Bihari Prasad, a member of the Bihar Legislative Assembly was murdered in 1998. The High Court reversed the Trial Court’s decision and acquitted the accused persons.
SC acquits all 7 persons convicted in 1985 murder & abduction case as reasonable doubts strike prosecution case’s foundations
The Court emphasised that in order to reverse a finding of acquittal, a higher threshold is required. The presumption of innocence operating in favour of an accused throughout the trial gets concretized with a finding of acquittal by the Trial Court.
‘Victim abused the judicial process by filing a false FIR’: Madras HC acquits rape convict after noting that victim has a second child with him
“Madras High Court said that, in the instant case, the prosecution has not been able to establish that there indeed was a crime. In fact, there is an abuse of judicial process when the victim set a criminal law in motion, perhaps with a false FIR”
‘Victimizing foreign national without reason will reflect in bilateral relations’; Bombay HC directs FRRO to issue Exit Permit to Chinese woman acquitted in smuggling case
Apart from the right to get Exit Permit, the Chinese woman needs to be adequately compensated for the mental agony, trauma, and sufferings undergone by her due to the conduct of Respondent 2, Union of India. Thus, Respondent 2 is directed to pay an amount of Rs 10,00,000 as compensation.
Calcutta High Court Division Bench Delivers Split Verdict in Murder Case: Acquittal Ordered by One Judge, Sentence Commuted by Another
In a high-stakes murder case, the Calcutta High Court’s division bench delivered a split verdict. Justice Soumen Sen commuted the death sentence to 30 years of imprisonment, while Justice Partha Sarathi Sen ordered an outright acquittal. The case has now been referred to the Chief Justice for further directions.
Madras HC allows voter to examine Court records of disproportionate assets case acquitting Social Welfare & Women Empowerment Minister Geetha Jeevan
“If the Investigating Agency decides not to prefer the appeal against acquitted person, then a person who has interest in the case, which primarily involves misconduct of a public servant who happened to be an elected member in the democratic process, in which, that person is a voter, have a say, and he cannot be deprived of the advantage of perusing the records and arrive at a conclusion.”
‘No misconception on the part of victim regarding promise of marriage with convict’: Madras HC sets aside conviction of rape accused
“The Court below lost sight of the rudimentary principle governing rape and convicted the convict on the strength of the gospel that Indian women do not lie in such matters, which cannot be sustained, as the facts surrounding each and every case and the evidence available ought to form the basis of arriving at a finding, and the surrounding scenario cannot be the basis to render a finding.”
Bombay HC acquits four gang members convicted of murdering and attempting to murder rival gang members
The Court held that the benefit of reasonable doubt shall be given to the appellants and therefore partly allowed both the appeals, by acquitting them under Section 302 of IPC, and releasing the incarcerated appellants sentenced under Section 307 of IPC, for having served the ordered sentence period.
Murder convict acquitted by Jharkhand High Court after eight years due to insufficient circumstantial evidence
The Court noted that the conviction was solely based on last seen evidence and it was not corroborated with any evidence, hence it could not be said to be just and proper.
[Gang Rape] Baffling and mysterious as to why police did not collect CDR of victim; Delhi High Court acquits accused due to insufficient evidence
“Call Details Record of the victim would have reflected her location which could have even strengthened the case of prosecution but is not explicable as to why such valuable piece of evidence was not bothered to be collected. Thus, a golden opportunity went begging.”
Supreme Court finds HC judgment prima facie well-reasoned; refuses to stay acquittal of GN Saibaba and others
Supreme Court, while refusing to interfere with the acquittal order, also pointed out the fact that all 6 people had been acquitted twice by the different Benches of Bombay High Court.
Mere acquittal in a cruelty case filed by wife, cannot be a ground to grant divorce to husband: Delhi High Court
“While human emotions know no bounds and rules, but definitely human sensibilities emanating from mind shall have prevailed for an educated person like appellant to have reigned his affections for third person, with scant regard for respondent who reposed complete faith by entering into vows of marriage.”
Guilt under IPC Section 306 cannot be based on presumption: Supreme Court acquits man in wife’s 1993 suicide case
Supreme Court commented that “the criminal justice system of ours can itself be a punishment” as happened in the instant matter which started in 1993 and came to an end in 2024, after 30 years of suffering.
Limitation for appeal against acquittal can be condoned: Supreme Court
Supreme Court acknowledged that in case of special law prescribing a limitation period, Section 5 of the Limitation Act would have no application.
Know why Karnataka HC recommended a Trial Court Judge to undergo training in Karnataka Judicial Academy vis-à-vis POCSO cases
The High Court was shocked to find that the Trial Judge have not understood properly what is meaning of the theory beyond reasonable doubt in appreciating the evidence in POCSO cases.
Inside Supreme Court verdict on effect of acquittal in criminal trial on order of dismissal passed in departmental enquiry
Supreme Court said that allowing the orders of disciplinary authority and the appellate authority to stand, will be unjust, unfair and oppressive, as the charges were not just similar, but identical and the evidence, witnesses and circumstances were all the same.