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benefit of doubt

Case BriefsSupreme Court

Two men walk free after 12 years in prison as SC holds that conviction cannot be based solely on refusal to undergo a Test Identification Parade

The finding of guilt cannot be based purely on the refusal of the accused to undergo an identification parade.

Published on November 3, 2020November 6, 2020By Prachi Bhardwaj
Leave a comment5232 views
Case BriefsSupreme Court

SC| Evidence has to be weighed and not counted

“… the prosecution has miserably failed to prove the guilt of the accused beyond doubt the appellants therefore must be given benefit of doubt.”

Published on October 12, 2020November 1, 2020By Prachi Bhardwaj
Leave a comment8273 views
Case BriefsHigh Courts

HP HC | No conviction in case of even slight doubt; Appeal against acquittal dismissed

Himachal Pradesh High Court: Anoop Chitkara, J., dismissed an appeal filed challenging the acquittal of the accused of the commission of offences

Published on January 8, 2020January 10, 2020By Bhumika Indulia
Leave a comment3118 views
Case BriefsHigh Courts

Cal HC | Waging War: Conviction set aside – Burden of proving charge against accused lies upon prosecution, absence whereof entitles accused to benefit of doubt

Calcutta High Court: A Division Bench of Sanjib Banerjee and Suvra Ghosh, JJ. allowed the appeal filed by two persons who were

Published on July 12, 2019July 12, 2019By Bhumika Indulia
Leave a comment3329 views
Case BriefsForeign Courts

Pak SC | Non-compliance with elements of Rule 6 of Narcotic Substances Act, diminishes the reliability and evidentiary value of forensic agency’s report

Pakistan Supreme Court:  A Full Bench of Asif Saeed Khan Khosa, CJ, Mushir Alam and Syed Mansoor Ali Shah, JJ. extended benefit

Published on June 15, 2019June 27, 2019By Bhumika Indulia
Leave a comment2899 views
Case BriefsHigh Courts

Tri HC | Strict proof required to prove plea of alibi; law regarding burden of proof explained

Tripura High Court: A Bench of S. Talapatra and Arindam Lodh, JJ. allowed an appeal filed against the Judgment of the trial court

Published on May 8, 2019May 8, 2019By Bhumika Indulia
Leave a comment6693 views
Armed Forces Tribunal
Case BriefsTribunals/Commissions/Regulatory Bodies

AFT | Disability Pension: No evidence showing existence of disease at the time of entry in service – benefit of doubt in favour of employee

Armed Forces Tribunal: The Coram of Justice SVS Rathore (Judicial Member) and Air Marshal BBP Sinha (Administrative Member) set aside the order

Published on April 29, 2019May 10, 2019By Bhumika Indulia
3 Comments7337 views
Case BriefsHigh Courts

Del HC | Court deposition of victim after several days of her being recovered not to be believed on face value

Delhi High Court: R.K. Gauba, J., gave benefit of doubt to the appellant in the present appeal who was convicted by the trial

Published on April 2, 2019April 4, 2019By Bhumika Indulia
Leave a comment2324 views
Case BriefsHigh Courts

Jha HC | Evidence found prejudiced due to non-examination of IO and doctor, benefit of doubt extended

Jharkhand High Court: The Bench of H.C. Mishra and Sanjay Kumar Dwivedi, JJ. allowed the appeals while setting aside the judgment of conviction

Published on March 18, 2019March 26, 2019By Bhumika Indulia
Leave a comment5879 views
Case BriefsHigh Courts

Guj HC | Benefit of doubt to be extended, if different opinions arise from the same set of facts and evidence

Gujarat High Court: A Bench of S.G. Shah, J. partly allowed an appeal which confirmed the conviction of the appellants but reduced the

Published on February 2, 2019February 27, 2019By Bhumika Indulia
Leave a comment2165 views
Case BriefsHigh Courts

Tri HC | Accused under Section 498-A acquitted in light of improvements in testimony of related witnesses

Tripura High Court: The Bench of S. Talapatra, J. reversed the order of the trial court convicting the appellant for offence punishable under Section

Published on January 30, 2019February 5, 2019By Bhumika Indulia
Leave a comment2324 views
Case BriefsSupreme Court

SC upholds acquittal of accused for rioting and murder due to “multiple investigative laches and flaws”

Supreme Court: A Bench comprising of N.V. Ramana and M.M. Shantanagoudar, JJ. dismissed an appeal filed by the State of U.P. against

Published on December 12, 2018December 15, 2018By Bhumika Indulia
Leave a comment3960 views
Case BriefsHigh Courts

Benefit of any doubt in age of victim to go to accused; age to be taken on higher side of range: Del HC

Delhi High Court: A Single Judge Bench comprising of Sanjeev Sachdeva, J. dismissed a revision petition filed against the judgment of the trial

Published on November 28, 2018November 30, 2018By Bhumika Indulia
1 Comment4224 views
Case BriefsHigh Courts

Improvisation of story by witnesses raises serious doubt on prosecution case; conviction of rape modified; sentence reduced for young first time offender: Tripura HC

Tripura High Court: A Single Judge Bench comprising of Arindam Lodh, J. partly allowed a criminal appeal filed against the judgment of the

Published on October 22, 2018October 24, 2018By Bhumika Indulia
Leave a comment4375 views
Case BriefsHigh Courts

No robbery if alleged collection of money by victim not proved; accused given benefit of doubt on no direct evidence

Calcutta High Court: A Single Judge Bench comprising of Rajarshi Bharadwaj, J. allowed an appeal filed against the judgment of the trial

Published on September 18, 2018September 19, 2018By Bhumika Indulia
Leave a comment5679 views
Case BriefsHigh Courts

Convict under Section 302 IPC acquitted in light of ‘serious gaping holes’ in the prosecution story, no immediate provocation to cause murder

Delhi High Court: A Division Bench comprising of Vipin Sanghi and I.S. Mehta, JJ. allowed an appeal filed against the judgment and

Published on September 6, 2018September 10, 2018By Bhumika Indulia
Leave a comment8881 views
Case BriefsHigh Courts

Convict under Section 21(c) NDPS Act acquitted in light of doubtful link evidence of depositing recovered case property

Delhi High Court: A Single Judge Bench comprising of Mukta Gupta, J. allowed an appeal filed against the order of the trial

Published on September 4, 2018September 4, 2018By Bhumika Indulia
Leave a comment11364 views
Case BriefsSupreme Court

Accused charged for rape acquitted on the basis of “benefit of doubt” of prosecutrix being a consenting party

Supreme Court: The Bench comprising of Ranjan Gogoi, Navin Sinha, and K.M. Joseph, JJ., allowed an appeal and acquitted the accused-appellant for

Published on August 28, 2018September 3, 2018By Bhumika Indulia
Leave a comment5908 views
Case BriefsHigh Courts

Benefit of doubt while determining the age by bone ossification test is to go in favour of the accused

Delhi High Court: A Single Judge Bench comprising of Sanjeev Sachdeva, J., allowed a criminal revision petition filed against the order of

Published on August 13, 2018August 16, 2018By Bhumika Indulia
Leave a comment15587 views
Case BriefsHigh Courts

Rape accused acquitted in light of the case falling in arena of ‘suspicion’ and no evidence: Bombay HC

Bombay High Court: A Division Bench comprising of B.R. Gavai and Sarang V. Kotwal JJ., addressed a Criminal Appeal by setting aside

Published on July 21, 2018August 22, 2018By Bhumika Indulia
Leave a comment2816 views

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