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Supreme Court set aside Sri’s conviction, finding the prosecution failed to prove he was absconding accused ‘Sri’ and that the identification evidence was unsafe.
The prosecution failed to establish a complete and exclusive chain of circumstantial evidence against the appellant: the principal ‘last-seen’ testimony was unreliable and possibly from an interested witness; recoveries pursuant to Section 27 were legally tenuous and not conclusively linked to the deceased; other distinguishing circumstances (including alleged quarrel, recovery of driving licence) were weak or contradicted. Suspicion, however strong, cannot replace proof. Consequently, the appellant was entitled to benefit of doubt and is acquitted of the charge under Section 302 IPC; the Hig…
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Because the department did not produce any witness in the enquiry despite the appellant's denial of the charges, the enquiry was vitiated for non-observance of the principles in Sur Enamel/Kharak Singh/Chamoli; consequently the order of dismissal and recovery could not be sustained and was set aside with liberty to the Federation to hold a de novo enquiry within six months under the prescribed procedures.
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The Trial Court applied a higher-than-appropriate standard and engaged in excessive pre-trial scrutiny by treating minor or isolated inconsistencies as fatal rather than assessing the cumulative weight of testimony. The testimony on oath of three witnesses, including the complainant, met the 'strong and cogent' standard required under Section 319 CrPC. The judgments of the Trial Court and High Court were therefore set aside and the proposed additional accused were ordered to be produced and proceeded with in accordance with law.
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The High Court correctly convicted the appellant because the eyewitness testimony of the daughter (PW-3), the dying declaration recorded in hospital with the treating doctor's endorsement, the medical and post-mortem evidence establishing death due to septicaemia from extensive antemortem burns, and the immediate recovery of a kerosene tin, matchbox and burnt cloths together constituted clinching and corroborative evidence proving the appellant's guilt beyond reasonable doubt; the Trial Court erred in acquitting on the basis of minor discrepancies and speculative impossibility findings.
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The High Court's acquittal was affirmed because the dying declarations did not inspire confidence or were rendered doubtful by the circumstances of their recording, the investigation was grossly deficient and appeared contrived, crucial independent witnesses were not examined, and material incriminating circumstances were not put to the accused under Section 313 CrPC; on this totality reasonable doubt remained and conviction could not be sustained.
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The Court held that the prosecution failed to prove a complete and coherent chain of incriminating circumstances against the appellant: the recovery of currency notes was doubtful and lacked nexus to the crime, the blood-stained shirt recovery and its FSL result were undermined by breaches in chain of custody, and the call detail records were inadmissible for want of the mandatory Section 65-B certificate. Consequently, conviction based solely on the circumstantial evidence before the courts could not be sustained and the appellant was acquitted.
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The acquittal of A2 by the High Court was set aside and the trial court conviction under Section 7 of the Prevention of Corruption Act, 1988 restored because the pre-trap proceedings, testimony of the complainant (PW1), corroboration by the Trap Laying Officer (PW22) and independent witnesses (PW10, PW18), the recovery of the marked notes matching the Handing Over Memo, and the phenolphthalein/hand-wash test together established acceptance by A2 beyond reasonable doubt; however, conspiracy under Section 120B IPC as against A1 and A2 was not established and A1 remained unconvicted; the sentenc…
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The National Commission erred in awarding a huge sum of Rs.2,00,00,000 based primarily on unproved photocopies and general discussion without trustworthy evidence establishing loss; large claims require reliable proof and opportunity to test authenticity (production of originals, examination of authors or commissions), therefore the award is modified so that the respondent’s entitlement is limited to the Rs.25,00,000 already released in her favour.
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Exh.B-2 is a notarised photocopy (a mechanical/secondary copy) and the appellants failed to lay the necessary factual foundation or follow the statutory procedure for adducing secondary evidence under the Evidence Act; therefore Exh.B-2 is inadmissible to prove the execution/contents of the PoA or the extent of authority to alienate. The First Appellate Court erred in relying on Exh.B-2; the High Court correctly set aside that reliance and restored the Trial Court's finding that the sale deeds were invalid. The High Court's interference under Section 100/103 CPC was justified as it corrected…
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