..., and so, he is entitled to the benefit of doubt. That is precisely what has happened in these appeals.18. In the result, the appeals are allowed and the orders ...reasonable doubt. In regard to Jogender Singh, however, the High Court was not inclined to agree with the conclusion of the trial Judge and gave benefit of doubt to him. Pending the hearing of the...confession may be taken into consideration even against a co-accused who is being tried along with the maker of the confession. There is no doubt that a confession made voluntarily by an accused person can be...

...Customs, he gave the benefit of doubt to Accused 1 and 2. This is what he stated therein:“As regards M/s Larmel Enterprises (of which Accused 1 is th...indicating, what according to it, is the law on the subject left the matter to the discretion of the learned Magistrate.3. Criminal Appeal No. 15 of 1967 is filed by the Assista...to hold them as persons concerned in the act of unauthorised importation, they escape on a benefit of doubt.”8. Despite this finding the Assistant...

...the High Court has acquitted the respondent is that there was a difference in weight. In such cases what has to be ensured is that what has been recovered is what has to be sent for chemical analy...) 8 SCC 552 as well as in the case of Sajan Abraham v. State Of Kerala . (2001) 6 SCC 692 that what is required is substantial compliance...doubt could be given to the accused. But in cases where it is proved that what was...

...the accused person and compels the Court to render the verdict that the charge is not proved against him, and so, he is entitled to the benefit of doubt That is precisely what has happene...appeals. 4. This was an appeal against conviction in which the aforesaid observations were made by the Supreme Court. What we have here is not the question of conviction but the question...treated as substantive evidence and can be pressed into service only when the court is inclined to accept other evidence and feels the necessity of seeking for an assurance in support of its conclusion...

...circumstances of the case, a reasonable doubt is created in the mind of the court about the existence of such a right whether the accused, in such a situation, is entitled to the benefit ...entitled to the benefit of every reasonable doubt. Section 105 of the Evidence Act is in the following terms:“105. When a person is accused of any o...)“Just as there is evidence on behalf of the prosecution so there may be evidence on behalf of the prisoner which may cause a doubt as to his guilt. In either cas...

...upshot of the discussion here in above would be that the prosecution has failed to prove its case beyond all reasonable doubt. The accused, therefore, is entitled to benefit of doubt and ultimatel...forcefully and ably argued that the present is a case where the prosecution has miserably failed to prove its case beyond all reasonable doubt against the accused and as such he is entitled to benefit of..., Theog. No doubt in all these documents, the date of birth of the prosecutrix has been recorded as 14.5.1994. The evidence so produced on record by way of these documents, however, is secondary and not...

...reasonable doubt in the minds of ordinary prudent man that may be what she said first is the truth or may be that what she said afterwards is the truth. Benefit of doubt...are duly reappreciated we are firmly of the opinion that the order of conviction cannot be sustained. Reasonable doubt arises benefit of which must go to the accused. In the result, therefore, appeal...on record stated briefly is that the accused and his wife were married and they had three issues borne out of the wedlock. There used to be frequent quarrels between the man and the wife. On 26.3.1998...

...benefit of doubt should be given to the appellant. What is stated is that in the report it is stated that the butter contained 19.57% of moisture, 64.67% of milk fat and...prepared from curd there is an intervening souring process which is not necessary in the, case of butter directly prepared from milk or cream. Shortly stated, butter, by what,ever process it is prepared...shall be prepared exclusively from the said milk. "Product" means " a thing produced by nature or a natural process or manufacture." What is the meaning of the 993...

...think that what transpires from a consideration of the whole evidence is enough to entitle the accused to a benefit of doubt for the reasons given below.25. The fi...law in this fashion is that it looks like introducing a new type of burden of proof, although, it may be said, in defence of such a statement of the law, that it only recognises what is t...if his plea does not get beyond the first stage. At the second stage, he becomes entitled to acquittal by obtaining a bare benefit of doubt. At the third stage, he is undoubtedly entitled to an...

...articles, for that reason, holding that the prosecution has failed to establish the case against the accused persons beyond reasonable doubt, the accused were held not guilty, giving them the benefit of doubt. Thus....3. The respondents, on the other hand contended that the acquittal of the petitioner was not an honourable one, but was only one giving benefit of doubt. It is contended that in any event...of Ext.P3 judgment, acquitting the petitioner giving him the benefit of doubt, on the order of confiscation of the vehicle and its confirmation by...

...that what happened was a mistake and had occurred because of appointment of a new recruit to the job. Therefore, appellants have to be given the benefit of doubt and also their bona fide has to be...[Order per: B.S.V. Murthy] Since the issue involved is only in respect of penalty and after hearing both sides, I find that the appeal itself can be decided and both sides agree, the...requirement of predeposit is waived and appeal is taken up for final decision. 2. There was delay in payment of Central Excise duty on the part of the appellant during the period from...

...seeking direction to the first respondent to consider his claim without considering the acquittal by the Criminal Court as benefit of doubt. In effect, what the petitioner seeks is to preempt the right ...post of Constable Gr-II without considering the acquittal as benefit of doubt in judgment in C.C. No. 69 of 2019, passed by the learned Judicial Magistrate-I, Cuddalore and otherwise eligible...filed with the following prayer:“to direct the first respondent to consider the petitioner's candidature for the post of Constable Gr-II without considering the acquittal as benefit of doubt in...

...direction to the first respondent to consider his claim without considering the acquittal by the Criminal Court as benefit of doubt. In effect, what the petitioner seeks is to preempt the right of...is filed with the following prayer:“To direct the first respondent to consider the petitioner's candidature for the post of Constable Gr-II without considering the acquittal as benefit of doubt in...post of Constable Gr-II without considering the acquittal as benefit of doubt in judgment in C.C. No. 713 of 2020, passed by the learned Judicial Magistrate-II, Cuddalore and otherwise eligible...

...benefit of doubt. In effect, what the petitioner seeks is to preempt the right of the authority from considering his suitability for appointment in the Uniformed Services. The power of th...the post of Constable Gr-II independently without considering the acquittal as benefit of doubt in judgment in C.C. No. 136 of 2015, passed by the learned Judicial Magistrate-II, Panrutti, dated...independently without considering the acquittal as benefit of doubt in the judgment in C.C. No. 136 of 2015, passed by the learned Judicial Magistrate-II, Panrutti, dated 21.07.2016 and otherwise eligible...

...some items and defects like broken ends, bends, etc., were found. This results in a situation wherein NML lays down standards for deciding what is “defective or seconds”. In absence of Notification empowering NML to do so, ...respondent is directed to dispose of the Appeal in C/61/2006 MAS, filed by the petitioner, on merits, within a specified period.3. The learned counsel appearing on behalf of the...respondent has no objection for such an order being passed by this Court.4. In view of the submissions made by the learned counsels appearing on either side, the respondent is...

...the assessee, the case at best raised a doubt. But this doubt, however deep it may be, cannot take the place of positive proof. Again, if there is a doubt, the benefit of that ...quasi-criminal proceedings, the quantum of evidence required for arriving at the conclusion that the assessee concealed the particulars of its income should be much stronger than what is required for...to as “the Act”).2. The assessee is a private limited company carrying on the business of passenger transport. During the assessment years 1966-67 and 1968-69, the receipts disclosed by...

...this case. Under such circumstances, benefit of doubt can be extended to the revision petitioner.4. Hence the revision petition is allowed setting aside the conviction and sentence passed by the cour...side of the bus. The other is the scooter moved a bit rightwards and as such the accident occurred. There is no positive evidence regarding how this actual collision occurred. Thus, what comes out is...that even believing the evidence of PW1, PW3 and PW4, benefit of doubt remains. That benefit of doubt can be given to the revision petitioner. Thus, even though the trial court as well as...

...against the appellants under Section 302 read with 34, IPC beyond reasonable doubt. They are, therefore, entitled to be acquitted of the charge on the benefit of doubt.11. What ...of 2003 by Lhakpa Sherpa and Karma Sonam Sherpa alias Jaggu.3. Briefly stated, the prosecution case is that Ashok Kumar Bansal (hereinafter referred to as the deceased) was residing at...prosecution suffers from serious infirmities and, therefore, the conviction is not sustainable. Alternatively, he submitted that the appellant Ben Kumar Rai had no intention to cause death of the...

...disclosed the correct information. His honorable acquittal or acquittal by giving benefit of doubt is not material and relevant but what is relevant is the full and complete disclosure ...benefit of doubt but the same is not very material for us in the present appeal. Page 3 of 9...whether the respondent was acquitted by giving benefit of doubt or was acquitted honorably, the issue before us is quite different and does not depend upon the nature of the acquittal...

....81. In the enquiry held by the Collector of Customs in Melwani case AIR 1970 SC 962, 1970 Cri LJ 885, (1969) 2 SCR 438, he gave the benefit of doubt to Accused 1 a...alleged to have been transferred. Secondly, there is no evidence to show that he was indulging in any foreign exchange transaction to transfer money abroad. In conclusion, the benefit of doubt will have....As we have noted above, the Enforcement Officer who has investigated into the case is a different agency from that of the adjudicating officer and, what...