Criminal Matters

 1. https://main.sci.gov.in/supremecourt/2020/1688/1688_2020_35_1502_24580_Judgement_05-Nov-2020.pdf ( Death Sentence)

Commute the death sentence to life imprisonment 


Aneeta Hada v. Godfather Travels & Tours Private Limited (2012) 5 SCC 661 

considered the question of conviction of the Directors in the absence of the Company in proceedings under Section 138 of the Negotiable Instruments Act, 188112 as also in the proceedings under Information TechnologyAct, 2000. This Court held that Section 141 of the NI Act dealing with offences by companies contemplates that every person who at the time the offence was committed, was in charge of, and was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly  

2. https://main.sci.gov.in/supremecourt/2016/4587/4587_2016_34_1501_24555_Judgement_02-Nov-2020.pdf

We shall first consider the evidence on record to see whether the guilt of the Appellant is conclusively established on the strength of the material on record; and whether the circumstances on record form a clear and consistent chain to rule out every other hypothesis except the guilt of the Appellant. The law on the point is clear from the following observations of this Court in Sharad Birdhichand Sarda vs. State of Maharashtra ((1984) 4 SCC 116).“153. A close analysis of this decision would show that the following conditions must be fulfilled before a case against an accused can be said to be fully established:

(1) the circumstances from which the conclusion of guilt is to be drawn should be fully established.

(2) the facts so established should be consistent only with the hypothesis of the guilt of the accused, that is to say, they should not be explainable on any other hypothesis except that the accused is guilty,

 (3) the circumstances should be of a conclusive nature and tendency,


The theory of “residual doubt” was noted for the first time by a bench of two judges of this Court in Ashok Debbarma Alias Achak Debbarma vs. State of Tripura1


 (4) they should exclude every possible hypothesis except the one to be proved, and 

(5) there must be a chain of evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probability the act must have been done by the accused.” 


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