Search Results for "burden of proof"

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Supreme Court

Supreme Court Upholds Conviction of Accused in SC & ST Act and IPC Rape Case Involving Blind Scheduled Caste Victim. The Court affirmed that the offence under Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 was committed 'on the ground' of caste due to the victim's vulnerability from blindness and Scheduled Caste status, and the rape under Section 376(1) of the Indian Penal Code, 1860 was proven beyond reasonable doubt.

27 Apr 2021

The appeal arose from a judgment of the High Court of Andhra Pradesh dated 3 August 2019, which affirmed the conviction of the appellant for offences ...

Supreme Court

Supreme Court Acquits Husband in Murder Case Due to Insufficient Evidence and Failure to Prove Homicidal Death. Conviction under Section 302 IPC Set Aside as Medical Evidence Was Inconsistent and Did Not Rule Out Suicide, Applying Principles of Circumstantial Evidence from Sharad Birdhichand Sarda v. State of Maharashtra.

2 Mar 2021

The appeal arose from a murder conviction under Section 302 of the Indian Penal Code, 1860, where the appellant, husband of the deceased, was accused ...

Supreme Court

Supreme Court Allows Appeal for Full Back Wages in Wrongful Termination Case — Chartered Accountant Reinstated with Back Wages. The Court held that where termination is found to be wrongful and based on victimisation, full back wages must be awarded, and the burden of proof regarding gainful employment lies initially on the employee to plead.

1 Jan 2021

The appellant, a qualified Chartered Accountant, was appointed as Manager (Finance) by Manganese Ore (India) Limited on 22.10.1997. He was later poste...

Supreme Court

Supreme Court Upholds Conviction for Rape of Mentally Retarded Woman in Himachal Pradesh. High Court's Reversal of Acquittal Upheld as Prosecutrix's Mild Mental Retardation Rendered Her Incapable of Understanding Sexual Assault.

3 Dec 2020

The Supreme Court dismissed the appeal filed by Chaman Lal against the judgment of the Himachal Pradesh High Court, which had reversed his acquittal a...

Supreme Court

Supreme Court Acquits Husband in Murder Case Due to Incomplete Circumstantial Evidence and Unreliable Witness. Conviction under Section 302 IPC Reversed as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt Despite Death in Matrimonial Home.

19 Nov 2020

The Supreme Court allowed the appeal of Jayantilal Verma, who was convicted under Section 302 IPC for the murder of his wife, Sahodara Bai. The incide...

Supreme Court

Supreme Court Acquits Accused in Murder Case Based on Circumstantial Evidence — Doubtful Recoveries and Missing Links Lead to Reversal of Conviction. Held that in cases of circumstantial evidence, the prosecution must establish a complete chain of events, and failure to examine material witnesses or reliance on doubtful recoveries entitles the accused to acquittal under Sections 302, 392, 420, 201 IPC.

25 Sep 2020

The Supreme Court allowed the appeal filed by Anwar Ali and another against the State of Himachal Pradesh, setting aside the High Court's conviction a...

Supreme Court

Supreme Court Refers to Larger Bench Whether Investigation by Complainant Police Officer Under NDPS Act Vitiate Trial — Mohan Lal Decision's Applicability Examined. The court considers the conflict between Mohan Lal v. State of Punjab (holding trial vitiated) and Varinder Kumar v. State of Himachal Pradesh (holding prospective application) and refers the matter to a five-judge bench.

31 Aug 2020

This judgment arises from a batch of special leave petitions challenging convictions under the Narcotic Drugs and Psychotropic Substances Act, 1985 (N...

Supreme Court

Supreme Court Allows Appeal in Property Dispute — High Court Erred in Reversing First Appellate Court's Refusal of Possession Without Framing Substantial Question of Law. Second Appeal Under Section 100 CPC Cannot Be Entertained Without Formulating a Substantial Question of Law.

27 Aug 2020

The case involves a property dispute between Nazir Mohamed (appellant) and J. Kamala (respondent) over a building and premises in Aduthurai, Tamil Nad...

Supreme Court

Supreme Court Dismisses Appeal of Convict in Robbery Case, Upholds Conviction Under Section 394 IPC and Section 25 Arms Act — Belated Defenses of Juvenility and Insanity Rejected as Unsubstantiated.

19 Aug 2020

The Supreme Court dismissed the criminal appeal of Mohd. Anwar, who was convicted under Section 394 of the Indian Penal Code, 1860 (IPC) and Section 2...

Supreme Court

Supreme Court Acquits Appellant in NDPS Case Due to Lack of Conscious Possession and Flawed Investigation. Conviction for cannabis recovery quashed as prosecution failed to prove ownership and possession beyond reasonable doubt under Sections 8C, 20(b)(ii)(c), 35, 54 of NDPS Act.

5 Aug 2020

The appellant, Gangadhar alias Gangaram, was convicted under Section 8C read with Section 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substanc...

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