conviction Archives

Accused cannot be convicted for conspiracy only on the basis of co-accused’s confession: SC

“A few bits here and a few bits there on which prosecution relies, cannot be held to be adequate for connecting the accused with the commission of crime of criminal conspiracy.”

Case Briefs Supreme Court

Not wise to shift burden of proof on accused merely because of rampant increase in henious crimes; SC acquits man in a 2009 dacoity case

“The acquittal of a guilty person constitutes a miscarriage of justice just as much as the conviction of the innocent.”

Case Briefs High Courts

Jhar HC | Conclusion of Departmental proceeding on the ground of conviction by Trial Court; will subsequent acquittal by High Court affect the outcome of departmental proceeding?

Jharkhand High Court: Sanjay Kumar Dwivedi, J. while holding the reason assigned by the Director-General of Police (DGP) while rejecting the claim

Case Briefs Supreme Court

Husband and Wife consumed pesticide after a quarrel, wife died but husband survived. Will allegation of abetment of suicide on husband survive? SC explains

Supreme Court: The Division Bench of M.R. Shah and Aniruddha Bose, JJ., while addressing a matter noted that, Abetment by a person

Case Briefs Supreme Court

Absent direct evidence, SC invokes S. 113-A of Evidence Act to uphold conviction of husband, mother-in-law for abetment of suicide

Supreme Court: A Division Bench of S. Abdul Nazeer and Krishna Murari, JJ. refused to interfere in the judgment passed by the

Case Briefs High Courts

Ori HC | “India will be free when the women feel safe to walk in the streets of India in the midnight”; Conviction upheld under S. 341 IPC and S. 4 of POCSO Act

Orissa High Court: S. K. Sahoo, J., dismissed the petition being devoid of merits and upheld the conviction passed in the impugned

Case Briefs Supreme Court

Idiosyncrasies of colloquial terms, used for naming accused, could well be the difference between his conviction and acquittal: Supreme Court

Supreme Court: A Division Bench of Sanjay Kishan Kaul and Hrishikesh Roy, JJ. took the liberty of disagreeing with one of the

Case Briefs Supreme Court

Ocular evidence to be disbelieved only when medical evidence rules out all possibilities of ocular evidence being true: Supreme Court reiterates

Supreme Court of India: The Division Bench of Navin Sinha and R. Subhash Reddy, JJ., reiterated the value of ocular evidence while

Case Briefs High Courts

Ker HC | A monosyllabic “yes” does not amount to plea of guilty; HC issues detailed guidelines to be followed before convicting on plea of guilt

Kerala High Court: T.R.Ravi, J., held that a monosyllabic “yes” cannot amount to pleading guilty. The petitioner was convicted by the Magistrate

Op Eds OP. ED.

Branding as criminal or accentuating rehabilitation: Does State’s responsibility end with conviction

by Abhishek Goyal*

Case Briefs High Courts

Bom HC | Father rapes minor daughter, but conviction under S. 376(2) (i) IPC set aside. Why? Read Court’s opinion in light of S. 164 CrPC || Detailed Report

Bombay High Court: The Division Bench of Prasanna B. Varale and S.M. Modak, JJ., while addressing the present matter expressed that: “…relationship

Case Briefs Foreign Courts

Legislative definition of ‘mentally incapacitated’ does not include a person who is voluntarily intoxicated by alcohol. Minnesota SC reverses rape conviction

Supreme Court of Minnesota: While deciding instant matter wherein the Court had to determine whether the appellant committed a third-degree criminal sexual

Case Briefs Foreign Courts

Convicted for “invitation for sexual touching” and acquitted from “sexual assault”; Supreme Court of Canada guides Appellate Courts on inconsistent jury verdicts

Supreme Court of Canada: The Bench comprising of Wagner C.J., and Abella, Moldaver, Karakatsanis, Côté, Brown, Rowe, Martin and Kasirer JJ., addressed

Case Briefs High Courts

Tri HC | Conviction under S. 42 Indian Forest Act, 1927 upheld; Court dismisses petition

Tripura High Court: S.G. Chattopadhyay, J., dismissed a criminal revision petition which had been filed challenging the judgment delivered by the Sessions

Case Briefs High Courts

Gau HC | “Nature of injury does not suggest that the appellant acted in cruelty”; HC converts conviction for murder into culpable homicide

Gauhati High Court: The Division Bench of Suman Shyam and Mir Alfaz Ali, JJ., heard the instant petition against the judgment and

Case Briefs Supreme Court

High Court convicts a man for corruption without cogent reasons after Trial Court acquits him. Supreme Court reminds courts to take utmost care in scanning evidence before recording conviction

“Initial presumption of innocence in the criminal jurisprudence gets doubled by acquittal recorded by the trial court.”

Case Briefs Supreme Court

“Already dismissed from service on being convicted”; Supreme Court reduced quantum of sentence of 70 years old appellant, convicted under Prevention of Corruption Act

Supreme Court: In a case relating to Prevention of Corruption Act, the 3-judge bench of Ashok Bhushan, R. Subhash Reddy and M.R.

Case Briefs High Courts

Ori HC | Comprehensive Principles governing “Dying Declaration” and “Remission of Sentence” reiterated; Appeal dismissed

Orissa High Court: A Division Bench of S.K Mishra and Savitri Ratho JJ. dismissed the appeal and directed to adjudication application for

Case Briefs High Courts

Ker HC | HC upholds concurrent findings of conviction and sentence of Trial Court and Appellate Court sought to be set aside in revision petition

Kerala High Court: N.Anil Kumar, J., allowed the instant revision petition against the concurrent findings of the Trial Court and the Appellate

Case Briefs High Courts

Chh HC | Degree of proof which is necessary to order conviction in a criminal case is different from degree of proof necessary to record commission of delinquency in a departmental proceeding

Chhattisgarh High Court: P. Sam Koshy J., dismissed the petition stating that no interference is required at this juncture keeping in mind