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The Court noted that the presence of the appellant at the time of occurrence at the scene of crime has not been proved beyond reasonable doubt and no active role has been assigned to him and the chain of the evidence is not consistent only with the hypothesis of the guilt of the accused.
Treating Employment Bond Amount as Debt Without Establishing Actual Loss Impermissible under Section 138 NI Act; Employee Acquitted in Cheque Dishonour case: Bengaluru Sessions Court
Any dispute arises in respect of liquidated damages, it should be reasonable. A party to contract violated a terms or conditions, he is liable to pay actual damages or loss caused to other party.
The Madras High Court observed that cases involving consensual adolescent relationships often result in the young boy facing criminal consequences due to parental differences.
“The entry must be accompanied by the requisite criminal intent as defined under Section 441 IPC and, in the case of Section 450 IPC, such intent must be to commit an offence punishable with imprisonment for life”.
“We are at a loss to understand why the prosecution and the Trial Court had forgone the primary evidence available and have made attempts to rely upon secondary evidence and that too, without proper certification.”
“The right of the accused to defend himself in a criminal trial is guaranteed by Article 21 of the Constitution of India. He is entitled to a fair trial. But if effective legal aid is not made available to an accused who is unable to engage an advocate, it will amount to infringement of his fundamental rights guaranteed by Article 21”
“A very careful, cautious and meticulous appreciation of evidence is necessary when the case is based on circumstantial evidence, the prosecution must elevate its case from the realm of ‘may be true’ to the plane of ‘must be true’.”
“The evidence recorded in a criminal trial against any accused is confined to the culpability of that accused only and it does not have any bearing upon a co-accused, who have been tried on the basis of evidence recorded in separate trial, though for the commission of same offences charged has been framed in both the trial.”