MACT | A Minor Cannot Be Treated as a Non-Earner: Punjab & Haryana High Court Consensual Love Affair Not Cheating Under IPC Section 417: Madras High Court Acquits Man Despite Paternity Confirmation Review Jurisdiction is an Ant-Hole in a Pigeon-Hol: Madras High Court Dismisses Review Plea Against Order Upholding Arbitral Award on Liquidated Damages Bank Can Freeze Guarantor’s Salary Account to Recover Loan Dues: Kerala High Court Clarifies CPC Exemption Does Not Apply to Banker’s Right Revenue Entry Calling Property ‘Ancestral’ Does Not Create Title: Gujarat High Court Upholds Registered Will in Second Appeal Licensee Cannot Resist Resumption Of Railway Land: Gauhati High Court Upholds Eviction For Amrit Bharat Station Scheme Mere Non-Payment of Business Dues Is Not Cheating: Calcutta High Court Protects Traders from Criminal Prosecution in Purely Civil Dispute Prosecution’s Failure to Prove Age of Prosecutrix Beyond Reasonable Doubt Fatal to POCSO Conviction: Rajasthan High Court No Title, No Right, No Equity: Bombay High Court Demolishes Claim Over Footpath Stall, Imposes ₹5 Lakh Costs for Abuse of Process Section 155(2) Cr.P.C. Does Not Bar Complainant From Seeking Magistrate’s Permission: Allahabad High Court Clarifies Law on Non-Cognizable Investigations Un-Retracted Section 108 Statement Is Binding: Delhi High Court Declines to Reopen ₹3.5 Crore Cigarette Smuggling Valuation Section 34 Is Not an Appeal in Disguise: Delhi High Court Upholds 484-Day Extension in IRCON–Afcons Tunnel Arbitration Section 432(2) Cannot Be Rendered Fatuous: Calcutta High Court Reasserts Balance Between Judicial Opinion and Executive Discretion in Remission Matters Termination of Mandate Is Not Termination of Arbitration: Bombay High Court Revives Reference and Appoints Substitute Arbitrator CBI Can’t Prosecute When Bank Suffers No Loss: Andhra Pradesh High Court Discharges Bhimavaram Hospitals Directors in ₹1.5 Crore SBI Case Section 256 CrPC Cannot Be A Shield For An Accused Who Never Faced Trial: Allahabad High Court Restores 8 Cheque Bounce Complaints

Supreme Court Acquits Accused in Landmark Corruption Case, Quashes Convictions

07 May 2024 8:19 AM

By: Admin


In a significant ruling today, the Supreme Court of India acquitted the accused in a high-profile corruption case, setting aside their convictions and quashing the judgments of the lower courts.

The bench comprising Hon'ble Mr. Justice V. Ramasubramanian and Hon'ble Mr. Justice Pankaj Mithal pronounced the landmark judgment, which highlighted procedural violations and a failure to establish guilt beyond a reasonable doubt.

The judgment emphasized the lack of specific allegations and findings against the appellants A-1, A-3, and A-4 under Section 193 of the Indian Penal Code (IPC). The Court pointed out that the Trial Court and the High Court erred in convicting A-4 without proper application of mind and without any specific allegation or finding on merits. Furthermore, the conviction of A-4 under Section 193 IPC was deemed unsustainable due to the violation of Section 195(1)(b)(i) of the Code of Criminal Procedure.

Regarding appellant A-7, who was charged with forgery and cheating, the Supreme Court noted the failure of the prosecution to establish the handwriting and signatures of A-7 on demand draft applications. The Court held that the reasoning adopted by the Trial Court and the High Court was flawed, and the High Court's use of an improper procedure under Section 73 of the Evidence Act further compounded the error. Consequently, the conviction of A-7 was also set aside.

Quoting from the judgment, the bench stated, "The conviction of A-4 by the Trial Court as confirmed by the High Court is wholly unsustainable and is liable to be set aside." Additionally, the Court declared, "The finding recorded by the Trial Court and the High Court as though A-7 committed forgery and cheating by making applications for the issue of demand drafts in the names of bogus firms is wholly unsustainable."

The Supreme Court's decision in this case highlights the importance of upholding procedural requirements and ensuring the burden of proof is met beyond a reasonable doubt. The acquittal of the accused serves as a reminder of the judiciary's commitment to fairness and justice.

Date of Decision: June 15, 2023

A. SRINIVASULU vs THE STATE REP. BY THE INSPECTOR OF POLICE   

Latest Legal News