Showing : 41-50 of 182 Results

SUPREME COURT OF INDIA
Year of decision: 2017
Details
Service-- Termination - On account of involvement in a criminal case - Acquittal on ground of benefit of doubt - Employee is entitled to all service benefits including continuity of service, except any back wages...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302, 324, 148-- Murder - No eye witness to the incident - Father of deceased who witnessed the incident expired before completion of trial - PW3 an alleged witness rightly discarded by High Court as a planted witness - Testimony of only other witness PW7 is extremely indirect - No evidence on record that accused..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302, 324, 326, 147, 149-- Murder - All the five eye witnesses have named A1 to A7 - Other accused have not been named by PW11 and PW18 - PW10 attributed specific role only to A1 to A7 in assaulting deceased - Conviction of A1 to A7 upheld - However, benefit of doubt given to A10 and A11, as they have not been named by PWs...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal trial-- Suspicion, howsoever grave, cannot take place of proof and in a situation where a reasonable doubt is entertained in the backdrop of evidence available, to prevent miscarriage of justice, benefit of doubt is to be extended to accused...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302-- Murder of wife by husband - Allegation that husband committed murder of his wife by first strangulating her with nylon rope and then by hanging her from the hook of roof of service area by using a saree as a ligature - However, medical evidence does not support ocular evidence - Evidence of eye..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302, 325-- Nature of offence - Death of seven years old girl on account of beating by accused - Injuries which were caused by accused on the day of incident were either on skull or hand or thumb - None of injuries could reasonably lead to conclude that said injuries caused asphyxia as deposed by Doctor -..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Service-- Re-instatement - Acquittal in criminal case - Accused acquitted by granting benefit of doubt - He cannot seek for reinstatement and consequential benefits - However, if employee is honourably acquitted can make a claim for reinstatement...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2)-- Illegal gratification - Appeal against acquittal - Accused demanded gratification of Rs.500 from complainant for forwarding a favorable enquiry report - However, it is not satisfactorily proved as to how currency notes reached in the pocket of accused - It is also not proved that colour of..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 308, 34-- Attempt to commit culpable homicide - Free fight between parties - Both the parties received injuries - However, prosecution suppressed the genesis and origin of occurrence and also failed to explain injuries on the accused including death of father of accused - Adverse inference must be drawn..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302, 307, 120B, 34, Evidence Act, 1872, Section 9-- Murder - Test Identification parade (TIP) - First TIP conducted after about 1-1/2 months of incident - Second TIP was conducted after more than a year of incident - It is doubtful whether eye-witnesses could have remembered the faces of accused after such a long period - Though incident took place..........

Showing : 41-50 of 182 Results