IN THE SUPREME COURT OF INDIA
(CRIMINAL APPELLATE JURISDICTION)
SPECIAL LEAVE PETITION (CRL.) No. ________ OF 20__
(Arising out of the final judgment and order dated ________ passed by the High Court of ________ in Criminal Appeal No. ________ of ________)
IN THE MATTER OF:
[Name of Petitioner]
S/o/D/o ____________,
R/o _________________________,
Presently lodged in _____________ Jail, ________.
…PETITIONER/APPELLANT
VERSUS
-
Union Territory of ________
Through Home Secretary, Secretariat, ________. - [Name of Respondent]
S/o/D/o ____________,
R/o _________________________.
…RESPONDENTS
PETITION FOR SPECIAL LEAVE TO APPEAL UNDER ARTICLE 136 OF THE CONSTITUTION OF INDIA
To,
The Hon’ble Chief Justice of India and His Companion Justices of the Supreme Court of India,
The humble petition of the petitioner above-named
MOST RESPECTFULLY SHOWETH:
-
The present Special Leave Petition is filed against the impugned judgment and order dated ________ passed by the Hon’ble High Court of ________ in Criminal Appeal No. ________, whereby the appeal of the petitioner was dismissed, affirming the judgment of the Trial Court in Sessions Case No. ________.
-
The petition raises significant questions of law for consideration by this Hon’ble Court, inter alia, regarding the interpretation and application of procedural and substantive principles of criminal law.
BRIEF FACTS OF THE CASE
-
That the alleged incident occurred on the night of ________, resulting in the death of ________, under suspicious circumstances. The deceased, [Name], was a [Relationship/Occupation] of [Other Party], residing at ________.
-
An FIR bearing No. ________ dated ________ was registered under Sections ________ of the Indian Penal Code (IPC) at Police Station ________, based on the complaint lodged by [Name of Complainant].
-
The investigation culminated in the filing of a chargesheet under Sections ________, IPC. The petitioner was implicated based on circumstantial evidence and statements from witnesses.
-
The Trial Court convicted the petitioner vide its judgment dated ________ under Sections ________, IPC. The conviction was subsequently upheld by the Hon’ble High Court, prompting this Special Leave Petition.
GROUNDS
The petitioner is aggrieved by the judgment and order of the Hon’ble High Court on the following, amongst other grounds:
A. Error in Appreciation of Evidence: The Hon’ble High Court failed to properly scrutinize the inconsistencies in the depositions of key prosecution witnesses.
B. Violation of Principles of Natural Justice: The investigation was biased and flawed, as evident from ________.
C. Failure to Prove Beyond Reasonable Doubt: The prosecution failed to establish a cogent link between the petitioner and the alleged crime.
D. Reliance on Approver’s Testimony: The conviction was primarily based on the testimony of an approver, which lacked sufficient corroboration as mandated by law.
E. Non-Consideration of Mitigating Factors: The courts below erred in overlooking crucial mitigating factors that could have warranted acquittal or lesser punishment.
F. Misapplication of Legal Provisions: The provisions under Sections ________, IPC, have been erroneously applied, leading to a miscarriage of justice.
PRAYER
In light of the aforementioned facts and grounds, the petitioner humbly prays that this Hon’ble Court may graciously be pleased to:
a) Grant Special Leave to Appeal against the judgment and order dated ________ passed by the Hon’ble High Court of ________ in Criminal Appeal No. ________.
b) Pass any other order(s) as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.
NEW DELHI
DRAWN ON: ________
FILED ON: ________
[Note: To be supported by an affidavit.]
DRAWN AND FILED BY:
[Name of Advocate]
Advocate for the Petitioner
