Justice R.S. Garg ruled that the prosecution failed to prove exclusive possession of the contraband and faulted the trial court for convicting the accused on facts not covered by the charge or Section 313 CrPC examination. The Chhattisgarh High Court has overturned the conviction of a truck driver accused of carrying opium, finding that the…
A Division Bench led by Justices W.A. Shishak and R.S. Garg held that a conviction cannot be based only on an FIR not lodged by an eyewitness, stressing that an FIR is not substantive evidence under the Indian Evidence Act. In a landmark ruling reaffirming fundamental criminal procedure, the Chhattisgarh High Court has overturned the…
Justice R.S. Garg acquits the accused after finding that the trial court ignored key cross-examination evidence and failed to apply basic principles of criminal jurisprudence. The Chhattisgarh High Court has set aside the conviction of a man accused of rape, holding that the trial court’s findings were “perverse,” “irrational,” and based on an incomplete reading…
Citation : 2001 Local Law (CG) 22 The Chhattisgarh High Court has set aside the death sentence of a man convicted for the murder and dismemberment of his mother, holding that the prosecution failed to prove his guilt beyond reasonable doubt. The court described the trial court’s findings as “contrary to law and evidence” and…