Order VIII Rules 3 & 5 CPC | Silence Is Admission: State’s Failure To Specifically Deny Hiring Amounts To Acceptance: JK HC Mere Entry, Abuse Or Assault Is Not Civil Contempt – Willfulness And Dispossession Must Be Clearly Proved: Bombay High Court Magistrate Cannot Shut Eyes To Final Report After Cognizance – Supplementary Report Must Be Judicially Considered Before Framing Charges: Allahabad High Court Examination-in-Chief Alone Cannot Sustain Conviction Amid Serious Doubts: Delhi High Court Upholds Acquittal in Grievous Hurt Case Employees Cannot Pick Favourable Terms and Reject the Rest: Bombay High Court Upholds SIDBI’s Cut-Off Date for Pension to CPF Optees Cannot Reclaim Absolute Ownership After Letting Your Declaration Suit Fail: AP High Court Enforces Finality in Partition Appeal Death Due to Fat Embolism and Delayed Treatment Is Not Culpable Homicide: Orissa High Court Converts 30-Year-Old 304 Part-I Conviction to Grievous Hurt Fabricated Lease Cannot Be Sanctified by Consolidation Entry: Orissa High Court Dismisses 36-Year-Old Second Appeal Rules of the Game Were Never Changed: Delhi High Court Upholds CSIR’s Power to Prescribe Minimum Threshold in CASE-2023 Resignation Does Not Forfeit Earned Pension: Calcutta High Court Declares Company Superannuation Benefit as ‘Wages’ Under Law Fraud Vitiates Everything—Stranger Can File Independent Suit Against Compromise Decree: Bombay High Court Refuses to Reject 49-Year-Old Challenge at Threshold Mere Long Possession By One Co-Owner Does Not Destroy The Co-Ownership Right Of The Other: Madras High Court State Cannot Hide Behind An Illegal Undertaking: Punjab & Haryana High Court Questions Denial Of Retrospective Regularization Sentence Cannot Be Reduced to Two Months for Four Life-Threatening Stab Wounds: Supreme Court Restores 3-Year RI in Attempt to Murder Case Suspicion, However Grave, Cannot Substitute Proof: Apex Court Reaffirms Limits of Section 106 IEA Accused at the Time of the Statement Was Not in the Custody of the Police - Discovery Statement Held Inadmissible Under Section 27: Supreme Court Failure to Explain What Happened After ‘Last Seen Together’ Becomes an Additional Link: Supreme Court Strengthens Section 106 Evidence Act Doctrine Suicide in a Pact Is Conditional Upon Mutual Participation — Survivor’s Resolve Reinforces the Act: Supreme Court Affirms Conviction Under Section 306 IPC Participation in Draw Does Not Cure Illegality: Supreme Court Rejects Estoppel in Arbitrary Flat Allotment Case Nepotism and Self-Aggrandizement Are Anathema to a Democratic System: Supreme Court Quashes Allotment of Super Deluxe Flats by Government Employees’ Welfare Society Liberty Is Not Absolute When It Becomes a Threat to Society: Supreme Court Cancels Bail of Alleged ₹6.5 Crore Fraud Mastermind Magistrate’s Power Is Limited — Sessions Court May Yet Try the Case: Supreme Court Corrects High Court’s Misconception in ₹6.5 Crore Fraud Bail Order Dacoity Cannot Be Presumed, It Must Be Proved: Allahabad High Court Acquits Villagers After 43 Years, Citing ‘Glaring Lapses’ in Prosecution Case When the Judge Signs with the Prosecutor, Justice Is Already Compromised: MP High Court Quashes Tainted Medical College Enquiry Strict Rules Of Evidence Do Not Apply To Proceedings Before The Family Court: Kerala High Court Upholds Wife’s Claim For Gold And Money Commission Workers Cannot Claim Status of Civil Servants: Gujarat High Court Declines Regularization of Physically Challenged Case-Paper Operators Non-Wearing of Helmet Had a Direct Nexus with Fatal Head Injuries  : Madras High Court Upholds 25% Contributory Negligence for Helmet Violation Only a ‘Person Aggrieved’ Can Prosecute Defamation – Political Party Must Be Properly Represented: Karnataka High Court Quashes Case Against Rahul Gandhi

Senior Citizen and Sons Cleared of Murder and Dacoity Charges"

07 May 2024 8:19 AM

By: Admin


A Thane court in Maharashtra recently acquitted a 68-year-old woman, her two sons aged 41 and 45, and one more person in a murder-dacoity case. The incident in question took place on January 10, 2015, when the accused allegedly entered a house in Vashi to carry out an armed dacoity in which cash and gold worth Rs 70,000 was stolen. During the dacoity, the 72-year-old owner of the house was killed and his wife sustained injuries. The prosecution had charged the accused with murder and other offences under the Indian Penal Code and the Arms Act.

The defence advocate, Poonit Mahimkar, representing the accused, argued that his clients had no role to play in the crime and that the police had failed to prove their identity by not taking fingerprints. In his order on Wednesday, District and Additional Sessions Judge AN Sirsikar concurred with the defence's argument and noted that the prosecution had failed to prove the charges against the accused.

The acquittal of the accused in this case highlights the importance of the burden of proof in criminal cases. It is the prosecution's responsibility to prove beyond reasonable doubt that the accused committed the crime they are charged with. In this case, the prosecution failed to prove the charges against the accused, and as a result, they were acquitted.

The case also highlights the role of the defence advocate in ensuring a fair trial. The defence advocate in this case was able to effectively argue that his clients had no role in the crime and that the police had failed to prove their identity. The judge took note of these arguments and ruled in favour of the accused.

While this case ended in acquittal for the accused, it is important to note that not all cases end in the same way. The burden of proof is a high standard, and the prosecution must meet it in order to secure a conviction. Defence advocates play a crucial role in ensuring a fair trial for their clients, and their arguments can have a significant impact on the outcome of a case.

In conclusion, the acquittal of the accused in the murder-dacoity case by the Thane court highlights the importance of the burden of proof in criminal cases and the role of defence advocates in ensuring a fair trial. While this case ended in favour of the accused, it is a reminder that the burden of proof is a high standard, and not all cases end in acquittal.

Latest Legal News