AI Overview...
-
Offence under Section 354 IPC - Several cases involve the acquittal of accused persons for offences under Section 354 IPC, which pertains to assault or use of criminal force to outrage modesty. Many judgments confirm that acquittals can be challenged if there are valid grounds, such as procedural errors or lack of evidence State Of Gujarat VS Amrishkumar Parshottambhai Patel - Gujarat, State of Himachal Pradesh VS Ajay Kumar - Himachal Pradesh, State of Kerala VS Hamsa - Crimes.
-
Acquittal and Appeal Process - The legal framework allows for appeals against acquittal under Section 378(1) and (3) CrPC. However, appellate courts are cautious about interfering with acquittals, especially when the trial court’s judgment is well-reasoned. The jurisdictional limits are emphasized, with some judgments noting that appellate courts cannot re-evaluate evidence or substitute their judgment unless legal errors are identified P. Ramaswamy VS State (U. T. ) of Andaman & Nicobar Islands - Supreme Court, AMAR CHAND vs STATE OF HIMACHAL PRADESH - Himachal Pradesh.
-
Compounding of Offences under Section 320 CrPC - Certain cases highlight that offences under Section 354 IPC can be compounded with the consent of victims and accused, leading to the effect of acquittal upon such composition. Courts consider the age of accused, the nature of the offence, and whether the parties have amicably settled the matter P. Ramaswamy VS Sate of (U. T. ) of Andaman and Nicobar Islands - Madhya Pradesh, P. Ramaswamy VS State (U. T. ) of Andaman and Nicobar Islands - Crimes.
-
Main Points:
- Acquittals under Section 354 IPC are subject to appeal, but appellate courts generally uphold the trial court unless procedural or substantive errors are evident.
- The law permits compounding of certain offences, which can result in the offence being treated as settled, effectively leading to acquittal.
-
Jurisdictional limitations restrict appellate courts from re-assessing evidence in cases of acquittal, emphasizing the importance of procedural correctness at trial.
-
Insights:
- The legal system balances the need to prevent abuse of process with respect for finality of judgments.
- Offences related to modesty and assault are sensitive, and courts scrutinize acquittals carefully, especially when appeals are filed.
- The possibility of compounding offences provides an alternative resolution, impacting the status of the accused and the record of offence.
References:
State Of Gujarat VS Amrishkumar Parshottambhai Patel - Gujarat, State of Kerala VS Hamsa - Crimes, State of Himachal Pradesh VS Vinod Kumar - Himachal Pradesh, P. Ramaswamy VS Sate of (U. T. ) of Andaman and Nicobar Islands - Madhya Pradesh, State of Himachal Pradesh VS Ajay Kumar - Himachal Pradesh, Sudesh Kumari VS State of J&K - Jammu and Kashmir, P. Ramaswamy VS State (U. T. ) of Andaman & Nicobar Islands - Supreme Court, P. Ramaswamy VS State (U. T. ) of Andaman and Nicobar Islands - Crimes, AMAR CHAND vs STATE OF HIMACHAL PRADESH - Himachal Pradesh, STATE BY HUNSUR RURAL POLICE VS K. D. NATARAJA - Karnataka
Search Results for "Offence under 354 a Acquittal Passed"
2022 0 Supreme(Guj) 801 • India - Gujarat
Impugned judgment and order passed in Special (Atrocity) Case by learned Special Judge (Atrocity), recording acquittal of respondents ... – Intentional insult with intent to provoke breach of peace – Abettor present when offence is committed – Appeal is preferred by ... appellant - State under Section 378(1) (3) of Criminal procedure Code, 1973 against judgment and order passed in Special (Atrocity ... Confirming the order passed by the High Court convicting the accused on reversal of the acq....
• India - Crimes
K.T.THOMAS
amounts to assault - Outraging the "modesty" - Meaning of - Acquittal-Appeal against acquittal whether be set aside? ... There by he committed the offence u/s. 354 as well. ... For the aforesaid reasons the order of acquittal is set aside and the conviction for the two offences is re-stored. ... The trial court passed the maximum sentence (rigorous imprisonment for two years) for the offence under section 354 where as he awarded rig....
2023 0 Supreme(HP) 32 • India - Himachal Pradesh
TARLOK SINGH CHAUHAN, VIRENDER SINGH
– Judgment of acquittal – By way of present application, applicant-State has sought permission to assail judgment of acquittal passed ... 154 – Sexual harassment and punishment for sexual harassment – House-trespass in order to commit offence punishable with imprisonment ... Indian Penal Code, 1860 – Sections 451, 354, 354A, 376 – Criminal Procedure Code, 1973 – Section 173(2), ... By way of judgment of acquittal, the learned trial Court has acquitted the respondent (hereinafter referr....
2013 0 Supreme(MP) 276 • India - Madhya Pradesh
G.S.Singhvi, Ranjana Prakash Desai
Criminal P.C., 1973 -- Ss. 320(8) -- Penal Code, 1860 -- S. 354 -- offence under section 354, IPC -- accused 67 years of age -- victim ... filed application for permission to compound offence -- accused, complainant and victim were permitted to compound the offence - ... & Hkk-na-la- dh /kkjk 354 ds v/khu vijk/k & vfHk;qDr 67 o”khZ; vk;q dk & ihfM+rk us vijk/k ‘keu djus dh vuqKk ds fy, vkosnu Qkby ... As per section 320(8) of the Criminal Procedure Code the composition of this #HL_STAR....
2021 0 Supreme(HP) 79 • India - Himachal Pradesh
CHANDER BHUSAN BAROWALIA
/accused/respondent was acquitted for commission of offence punishable under Sections 354, 451 and 506 Indian Penal Code and Section ... 378 (3) Cr.P.C. for grant of leave to file an appeal against judgment, passed by Special Judge, in Sessions Trial whereby non-applicant ... , 451 and 506 – Grant of leave to file an appeal – Order of Acquittal – Present petition is maintained by applicant/State under section ... /respondent (hereinafter referred to as “the accused”) was acquitted for the commission of offence#....
2021 0 Supreme(J&K) 592 • India - Jammu and Kashmir
VINOD CHATTERJI KOUL
Acquittal - Criminal Offences - Sections 451, 332, 354/382, 201/34 RPC - The court acquitted the accused persons of the charges ... for offences punishable under Sections 451, 332, 354/382, 201/34 RPC. ... Final Decision: The petition challenging the order of acquittal was dismissed, as the court found no merit in the petition ... This revision petition is directed against an order of acquittal dated 13.05.2011 passed by learned Chief Judicial Magis....
2013 8 Supreme 236 • India - Supreme Court
G.S.SINGHVI, RANJANA PRAKASH DESAI
of offence shall have effect of acquittal of offence under Section 354 of IPC – Appellant acquitted of charge under Section 354 ... modesty – Compounding of offence – High Court, modified conviction and held appellant guilty of offence punishable under Section ... sympathetic consideration – Appellant, complainant and victim permitted to compound offence under Section 354 of IPC – Composition ... As per Section 320(8) of the Crimina....
• India - Crimes
G.S.Singhvi, Ranjana Prakash Desai
shall have effect of acquittal of offence under Section 354 of IPC—Offence compounded and appellant acquitted. ... age—Appellant has undergone almost entire sentence imposed on him—Prayer for compounding deserves sympathetic consideration—Composition of offence ... Indian Penal Code, 1860—Section 354— Criminal Procedure Code, 1973—Section 320—Attempt to outrage modesty—Conviction—Compromise between ... As per Section 320(8) of the Criminal Procedure Code the composition of this #HL_S....
2022 Supreme(Online)(HP) 214 • India - High Court of Himachal Pradesh
AJAY MOHAN GOEL, J
challenged the conviction for non-bailable offence post acquittal, arguing the Appellate Court lacked jurisdiction, which was upheld ... (A) Indian Penal Code, 1860 - Section 354 - Code of Criminal Procedure, 1973 - Section 378 - Appeal against acquittal - The appellant ... The judgment highlighted jurisdictional limitations of the appellate court regarding acquittals. ... (a) or an order of acquittal passed by the Court of Session in revision. ... an order under Clau....
2010 0 Supreme(Kar) 458 • India - Karnataka
B.V.PINTO
INDIAN PENAL CODE, 1860 - Sections 343, 355, 354 & 34: [B.V.Pinto, J] Kidnap - Accused was charged for kidnapping the girl - Complaint ... JUDGMENT ... This appeal is filed by the State of Karnataka challenging the order of acquittal passed by the Principal Sessions Judge, Mysore in S.C. ... Thereafter, after hearing the prosecution and the defence, the learned Sessions Judge was pleased to record an order of acquittal, acquitting all the accused for the offence charged against them. The State has come ....
Filter by Legal Phrase
