Consensual Relationship That Later Turns Sour Is Not Rape: Andhra Pradesh High Court Grants Bail in Breach of Promise Case Double Presumption of Innocence Applies; No Interference Unless Trial Court Judgment Is Perverse: Allahabad High Court in Murder Appeal Under BNSS A Single Act of Corruption Warrants Dismissal – 32 Years of Service Offers No Immunity: Punjab & Haryana High Court Upholds ASI’s Removal Suit Against Trustee Without Charity Commissioner’s Consent Is Statutorily Barred: Bombay High Court Mutation Order Without Notice Cannot Stand in Law: Orissa High Court Quashes Tahasildar's Rejection for Violating Natural Justice Illegal Remand Without Production of Accused Is Not a Technical Lapse, But a Constitutional Breach: Andhra Pradesh High Court Grants Bail in Major NDPS Case Inherent Power Under Section 528 BNSS Not a Substitute for Article 226 When FIR Is Under Challenge Without Chargesheet or Cognizance Order: Allahabad High Court Possession Without Title Is Legally Insubstantial: Gujarat HC Dismisses Appeal By Dairy Cooperative Over Void Land Transfer You Can Prosecute a Former Director, But You Can’t Force Him to Represent the Company: Calcutta High Court Lays Down Clear Limits on Corporate Representation in PMLA Cases Conviction Cannot Rest on Tainted Testimony of Injured Witnesses in Isolation: Bombay High Court Acquits Five in Murder Case One Attesting Witness is Sufficient if He Proves Execution and Attestation of Will as Required by Law: AP High Court Land Acquisition | Delay Cannot Defeat Just Compensation: P&H High Court Grants Enhanced Compensation Despite 12-Year Delay in Review Petitions by Landowners Allegations Implausible, Motivated by Malice: Kerala High Court Quashes Rape Case After Finding Abuse Claims a Counterblast to Civil Dispute Adoptions Under Hindu Law Need No Approval from District Magistrate: Madras High Court Declares Administrative Rejection of Adoptive Birth Certificate as Illegal

Supreme Court Quashed FIR against Husband in Suicide Case - Lack of Evidence

07 May 2024 8:19 AM

By: Admin


In a significant legal development, the Supreme Court of India has quashed proceedings against the accused in a landmark judgment delivered today. The case, Criminal Appeal No.901 of 2017, revolved around the jurisdiction under Section 482 of the Code of Criminal Procedure (Cr.P.C.) and challenges to proceedings pending under Sections 417, 498(A), 306, 406, and 201 of the Indian Penal Code (IPC). The apex court granted special leave and examined the matter meticulously before arriving at its decision.

The core issue of the case centered around the evidence required to establish suicide under Section 306 of the IPC. In its ruling, the court observed, “To attract the ingredients of Section 306 IPC, there must be evidence to substantiate the existence of suicide. It should be followed by abetment, as required under Section 107 of the IPC. The court found no merit in the evidence put forth to substantiate suicide, highlighting the deceased’s health issues and apparent marital discord. Consequently, the proceedings were quashed due to lack of material evidence under Section 306 IPC.

Another crucial aspect that emerged from the judgment was the importance of prompt complaint by a police officer complainant. The court questioned the delayed complaint, which was made only after the cremation, raising doubts about its validity. The court noted, “The de facto complainant being a police officer himself has not given a complaint promptly after the death. On the contrary, he himself performed the cremation the next day, and gave the complaint on 18.04.2009.”

The court, in its wisdom, acquitted the accused due to insufficient material evidence and lack of proof of suicide. Consequently, the appeals by the de facto complainant against the accused were dismissed. The court allowed Criminal Appeal No. 901, thereby setting aside the impugned judgment of the High Court.

Date of Decision: 9th August, 2023

YADDANAPUDI MADHUSUDHANA RAO  vs THE STATE OF ANDHRA PRADESH & ORS

Latest Legal News