Menu Sign In/Sign Up

Users/Clients Back

  • Ask Legal Questions
  • Get Fee Estimates
  • Deeds & Drafts
  • Find Lawyers
  • My Legal Assistant

Lawyers

  • Acts
  • Case Diary
  • Deeds & Drafts
  • Office Manager
  • Petitions & Pleadings
  • Post Artilces
  • Post Jobs & Internships
  • My Legal Secretary

Law Students

  • Acts
  • Campus Ambassadors
  • Deeds & Drafts
  • Find Jobs & Internships
  • Post Articles
  • Resource Sharing

Law Schools

  • Post Admissions
  • Post Opportunities
  • Get Law School Rating

  • Home
  • Legal News
  • Mere suspicion cannot be basis of charging an accused as guilty of robbery under Section 392 of Penal Code 1860: Bombay High Court

Latest News

Back

Mere suspicion cannot be basis of charging an accused as guilty of robbery under Section 392 of Penal Code 1860: Bombay High Court

Courtesy/By: Anupam Bhaduri  |  16 Nov 2019     Views:52

Justice K.R. Shriram dismissed a criminal appeal moved by the State against the verdict of the trial court which acquitted the accused from the charges stipulated under Section 392 of Penal Code, 1860.

The accused was charged with robbery, punishable under Section 392 of IPC.  The trial court however acquitted the accused. Aggrieved at the verdict, the State filed for an instant appeal.  The High Court  during the perusal of the case found that the prosecution could not furnish sufficient proofs that nailed the accused beyond reasonable doubt. The trial court under these circumstances had granted the accused an acquittal. The Court observed that the charges levied against the accused did not carry any substantial proof with them. The prosecution could only faintly point at the accused for robbery though nothing it did could raise the stance of the court from a mere suspicion.

To this the High Court held that suspicion could not be a substitute for proof in criminal trial. It stated , “There is an acquittal and therefore, there is double presumption in favour of the accused. Firstly, the presumption of innocence available to the accused under the fundamental principle of criminal jurisprudence that every person shall be presumed to be innocent unless he is proved guilty by a competent court of law. Secondly, the accused having secured acquittal, the presumption of their innocence is further reinforced, reaffirmed and strengthened by the trial court. For acquitting the accused, the Trial Court observed that the prosecution had failed to prove its case….When the evidence adduced did not conclusively lead to the guilt of the accused and only pointed needle of suspicion towards the accused and nothing more, he cannot be committed because suspicion is no substitute for proof in criminal trial.” The High Court thus found no fault with the verdict and upheld the decision of the trial court.


Document:


Courtesy/By: Anupam Bhaduri  |  16 Nov 2019     Views:52

News Updates

Invalid pension unavailable without minimum quantu...
08 Dec 2019     Views:33
Uttarakhand HC questions the benefits extended by ...
08 Dec 2019     Views:33
Vyapam scam accused to travel abroad for higher st...
08 Dec 2019     Views:33
Madras High Court Held That Not illegal to permit ...
08 Dec 2019     Views:37
Mere want of professional competence cannot be a g...
07 Dec 2019     Views:40
Bail granted to appellant due to disparity: Rajast...
07 Dec 2019     Views:39
Supreme Court moved against Encounter Killing of f...
07 Dec 2019     Views:34
Son has to pay relief to mom as prescribed in DV A...
06 Dec 2019     Views:44
Punjab Religious Premises and Land (Eviction and R...
06 Dec 2019     Views:38
The testimony of the injured victim has its own si...
05 Dec 2019     Views:36
The accused cannot use sentences to hid defense th...
05 Dec 2019     Views:37
Apex Court says No Framing of charges to be couple...
05 Dec 2019     Views:50
Gujarat HC:Failure to appoint staff in Grant-in Ai...
05 Dec 2019     Views:45
Aadhar Card is not a conclusive document for age p...
04 Dec 2019     Views:65
Petition dismissed for being infructuous: Punjab a...
04 Dec 2019     Views:56
Supreme Court in P Chidambaram bail order ...
04 Dec 2019     Views:45
Prayer for death penalty by complainant quashed: D...
03 Dec 2019     Views:41
Bombay HC orders state to compensate petitioner fo...
03 Dec 2019     Views:62
Sonai Honour Killing...
03 Dec 2019     Views:48
Apex Court Quashes All Criminal Cases Against Salm...
03 Dec 2019     Views:50
The Delhi HC orders the government of NCT of Delhi...
02 Dec 2019     Views:43
Vacant seats of BAMS course can be filled by stude...
02 Dec 2019     Views:68
Apex Court Held that the Content of memory card, p...
02 Dec 2019     Views:51
Rail Bhawan Protest case: Delhi Court discharges D...
02 Dec 2019     Views:45
Accused in Rs 100 crore Cashcoin Cryptocurrency sc...
02 Dec 2019     Views:57
SC Explains Three Aspects To Be Considered While G...
02 Dec 2019     Views:67
The freedom of an accused who is yet to be convict...
01 Dec 2019     Views:55
Crimes committed by a juvenile must not be held ag...
30 Nov 2019     Views:47
Separate writ petition cannot be entertained again...
30 Nov 2019     Views:59
80 year old rape accuse granted bail because of du...
29 Nov 2019     Views:46
Supreme Court Reiterates No Party Should Suffer Du...
29 Nov 2019     Views:47
Accused allowed to confront witness with reference...
28 Nov 2019     Views:38
Advocate on Record after retiring cannot become an...
28 Nov 2019     Views:39
Content of petition must be reviewed: Jharkand HC...
28 Nov 2019     Views:48
Apex Court Strikes Down Section 87 Of Arbitration ...
28 Nov 2019     Views:191
Writ petition cannot be maintained against a priva...
27 Nov 2019     Views:83
Mere error or irregularity in sanction in corrupti...
27 Nov 2019     Views:87
Age of victim plays a major factor when deciding ...
27 Nov 2019     Views:70
Complainant may alter the charges in the course of...
26 Nov 2019     Views:95
No automatic conviction under charges of abetment ...
26 Nov 2019     Views:104
Release of film stayed by Delhi Court....
26 Nov 2019     Views:58
It cannot be permissible for State to alienate com...
25 Nov 2019     Views:66
The HC shall not interfere with government policie...
25 Nov 2019     Views:83
Acquittal of Allegation Levied by Wife under Secti...
24 Nov 2019     Views:98
Ban on Djs lifted by the SC in interim judgement....
24 Nov 2019     Views:63
Male above 18 years cannot be prosecuted under Sec...
24 Nov 2019     Views:61
High Court in writ cannot be asked to round-off th...
23 Nov 2019     Views:85
Dying declaration is a valid reason to move procee...
23 Nov 2019     Views:72
Person cannot be held guilty of murder if intentio...
23 Nov 2019     Views:57
Court can grant compensation exceeding amount clai...
23 Nov 2019     Views:38
Court can grant compensation exceeding amount clai...
23 Nov 2019     Views:64
Divorce Decree Upheld by Delhi HC on Account of Se...
22 Nov 2019     Views:65
Court will exercise Article 226 if the verdict mak...
22 Nov 2019     Views:54
Court holds that to answer a question in law, one ...
22 Nov 2019     Views:49
Right To File Regular Appeal Cannot Be Curtailed M...
22 Nov 2019     Views:102
Supreme Court dismisses Review Petitions- Haren Pa...
22 Nov 2019     Views:59
Compensation Claimed under MV Act Can be Granted i...
21 Nov 2019     Views:56
The counsel of a victim cannot argue in the prosec...
21 Nov 2019     Views:57
Madhya Pradesh HC finds it appropriate to test the...
21 Nov 2019     Views:72
FIR and the criminal proceeding henceforth cannot ...
21 Nov 2019     Views:54
Court cannot indict a person if the person is prot...
21 Nov 2019     Views:60
Relief under Section 138 of Negotiable Instruments...
21 Nov 2019     Views:52
Stray acts of adultery cannot disentitle a woman's...
21 Nov 2019     Views:61
Supreme Court cancels bail in Need to view econom...
21 Nov 2019     Views:88
Seniority Cannot Be Claimed From A Date When The I...
21 Nov 2019     Views:144
Supreme Court answers on Private Counsel of Victim...
21 Nov 2019     Views:67
Separate legal identity of company exists; therefo...
19 Nov 2019     Views:66
Jaipur Development Authority to Carry out Inspecti...
18 Nov 2019     Views:63
Writ Petition Should Normally Not Be Entertained ...
18 Nov 2019     Views:71
Sajid v/s State of Kerala-Cannot held a person lia...
18 Nov 2019     Views:62
Granting Passport to a convict ...
18 Nov 2019     Views:73
NRIs' right to claim Eviction under East Punjab Ur...
17 Nov 2019     Views:82
Denial of Bail on Grounds of Gravity of Offence no...
17 Nov 2019     Views:68
Create Additional Force For Investigation Of POCS...
17 Nov 2019     Views:93
Reports of offences under POSCO is disheartening :...
17 Nov 2019     Views:71
Bail granted due to lack of evidence under POSCO A...
17 Nov 2019     Views:64
Madras HC held that Compulsory Retirement is Neith...
16 Nov 2019     Views:68
Mere suspicion cannot be basis of charging an accu...
16 Nov 2019     Views:52
Apex Court refuses to scrap provisions regarding N...
16 Nov 2019     Views:64
Guddu Singh v/s state of Bihar...
16 Nov 2019     Views:95
MC Mehta files a writ petition regarding pollutio...
16 Nov 2019     Views:74
The apex court decides the office of CJI to fall u...
15 Nov 2019     Views:102
Accused Facing Trial under Provisions of Section 1...
15 Nov 2019     Views:55
Kerala HC denies to determine eligibility norms in...
15 Nov 2019     Views:56
Supreme Court slams the Rafale petition and says t...
15 Nov 2019     Views:59
Hospitals Have Duty To Provide Hostel Facilities ...
15 Nov 2019     Views:50
Essar Insolvency : SC Sets Aside NCLAT Order Uphlo...
15 Nov 2019     Views:56
Deprived of Admission under Ward of Defence Person...
15 Nov 2019     Views:65
Application u/s 482 in Umakant Maurya v/s Suman Ma...
15 Nov 2019     Views:75
Allahabad HC: No Sanction Needed to Prosecute a Re...
14 Nov 2019     Views:113
The apex Court takes a stern and timely step again...
14 Nov 2019     Views:57
Judges Are Not Above Law; Judicial Appointment Pro...
14 Nov 2019     Views:71
Larger Bench to decide on larger issues including ...
14 Nov 2019     Views:55
Case decided only on circumstantial evidence in ...
14 Nov 2019     Views:87
Appeal Period changed to 90 days for Hindu Marriag...
14 Nov 2019     Views:71
Fraud degree given to students by Noida Internatio...
14 Nov 2019     Views:54
Period of Limitation to Appeal an Order of Family ...
13 Nov 2019     Views:96
The apex court of India upholds death penalty of a...
13 Nov 2019     Views:63
Animal Sacrifice In Tripura-SC To Hear State's App...
13 Nov 2019     Views:61
RTI Applicable To Office Of CJI- Apex Court Uphold...
13 Nov 2019     Views:73
FIND A LAWYER




FIND A LAW SCHOOL



Most Read News Articles

  • Misusing Religion for Electoral Gains: PIL in SC for Action against Parties, Candidates
    On 31 May 2018    Views:11273
  • SC agrees to have in-camera trial of " Videos of Sexual Violence"
    On 19 Sep 2017    Views:2040
  • Larger Bench Was Referred To Decide On Plea To Stop Prayer Song Based On Particular Religion In Kendriya Vidyalayas: SC
    On 29 Jan 2019    Views:1892
  • Aadhaar Shouldn’t Be A Pre-requisite For Getting Food Articles From Ration Shops: Rajasthan HC
    On 28 Jun 2017    Views:1140
  • Hadiya Case: Husband moves to SC, seeks cancellation of order Directing NIA Probe
    On 16 Sep 2017    Views:1102
View all >>

Propertified Propertified Propertified Propertified Propertified Propertified Propertified Propertified Propertified

86540

Lawyers Network

103860

Users

630

Cities Serving

114

Law Schools Network

59824

Law Students Network

About us

  • Company Profile

Indian Major Laws

  • Indian Constitution
  • IPC
  • CrPC
  • CPC
  • Companies Act
  • Indian Evidence Act
  • CGST Act
  • Limitation Act

Policies

  • Terms of Use
  • Privacy Policy
  • Refund & Cancellation

    Ads & Media

  • Resource Sharing
  • Advertiser(Sign Up/Login)
  • Media

    Careers

  • Internships
  • Jobs
  • Campus Ambassadors
  • Student Journalists

    HELP & SUPPORT

  • Contact Us
  • Grievances

News

  • Legal News
  • Post Article

Legal Library

  • Central Acts
  • Deeds Drafts [1120 ]

Connect

 

  •  
  •  
DISCLAIMER
Listing lawyers is 'one of the various services' that lawsisto.com offers. Positioning the lawyers in the online directory is purely a system driven process and is not based on considerations. We strictly do not offer 'Touting Services' as per the rules of Bar council of India and do not recommend any lawyer for or without monetary considerations. Lawsisto.com accepts payments for online services like office management system, fixing appointments, e-library, Deeds & drafts, Conveyancing and other services.
Copyright © Lawsisto Private Limited. All rights reserved.
Unless otherwise indicated, all materials on these pages are copyrighted by Lawsisto Private Limited. All rights reserved. No part of these pages, either text or image may
be used for any purpose. By continuing past this page, you agree to our Terms of Service, Cookie Policy, Privacy Policy and Content Policies.