Judges To Tread Cautiously In Circumstantial Evidence, Can't Allow Conjectures & Suspicion To Take Place Of Proof: Telangana High Court
3 years, 1 month ago

Judges To Tread Cautiously In Circumstantial Evidence, Can't Allow Conjectures & Suspicion To Take Place Of Proof: Telangana High Court

Live Law  

The Telangana High Court has reiterated that circumstantial evidence is a weak form of evidence and the conviction of an accused cannot be solely based on circumstantial evidence unless the chain of evidence leaves no other conclusion except accused's guilt. The High Court, at the outset, cleared that the entire case of the prosecution was based on circumstantial evidence and iterated that in cases of circumstantial evidence, judges must tread cautiously to not allow suspicion and conjectures to take place of proof. The bench then referred to the Supreme Court's judgment in Gargi v. State of Haryana which had elaborated on circumstantial evidence stating that "circumstantial evidence is the one whereby other facts are proved from which the existence of the fact in issue may either be logically inferred or at least rendered more probable." Furthering referring to the Apex Court's judgment in Sharad Birdhichand Sarda v. State of Maharashtra where the panchsheel principles pertaining to circumstantial evidence were laid down, the bench reiterated those The circumstances from which the conclusion of guilt is to be drawn should be fully established The facts so established should be consistent only with the hypothesis of the accused's guilt Circumstances should be of conclusive nature and tendency Such circumstances should exclude every other hypothesis The chain of evidence must be so complete that it leaves no reasonable ground to conclude or even point to the innocence of the accused and must show in all human probability that the offence has been committed by the accused.

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History of this topic

Telangana HC overturns life sentence of Shamsheer Khan citing contradictions in evidence
6 days, 18 hours ago

Telangana HC overturns life sentence of Shamsheer Khan citing contradictions in evidence

New Indian Express  

HYDERABAD: Ruling that contradictions between ocular and medical evidence left room for benefit of doubt, the Telangana High Court on Thursday overturned the conviction of Shamsheer Khan alias Shammu, who was serving a life sentence for murder under IPC Section 302. A bench of Justice K Surender and Justice Anil Kumar Jukanti set aside the judgment dated January 5, 2019 …

Stop investigation against Harish Rao, Radha Kishan Rao in Chakradhar Goud case: HC to police
Trending News
1 month ago

Stop investigation against Harish Rao, Radha Kishan Rao in Chakradhar Goud case: HC to police

The Hindu  

Justice K. Lakshman of Telangana High Court on Wednesday instructed the Punjagutta police of Hyderabad to stall till March 3 the ongoing investigation into the criminal case registered against former Minister T. Harish Rao of BRS, and retired police officer P. Radha Kishan Rao. The judge passed the order in two criminal petitions filed separately by Harish Rao and Radha …

Telangana Legal Briefs | Advocate acquitted in murder case
1 month ago

Telangana Legal Briefs | Advocate acquitted in murder case

Deccan Chronicle  

Hyderabad: A two-judge panel of Telangana High Court reiterated that mere suspicion, however strong, cannot replace proof beyond a reasonable doubt in a criminal case. The panel comprising Justice K. Surender and Justice Anil Kumar Jukanti, acquitted an advocate Potham Jagannadham Naidu in a murder case, overturning the conviction handed down by the Metropolitan Sessions Judge, Hyderabad. MD of TGSPDCL …

Telangana High Court Quashes FIR Against Junior Civil Judges Accused Under SC/ST Act By Colleague
2 months, 3 weeks ago

Telangana High Court Quashes FIR Against Junior Civil Judges Accused Under SC/ST Act By Colleague

Live Law  

The Telangana High Court has granted relief to two Junior Civil Judges in a long pending case of 10 years, wherein they were charged under Section 3 of the Scheduled Castes and Scheduled Tribes Act, 1989. “It is pertinent to mention that respondent No.5 has lodged a complaint against the petitioners on 09.10.2015, subsequent to the report submitted by the …

Medical Testimony Not Merely Corroborative But Independent Evidence, May Establish Facts Apart From Other Oral Evidence: J&K High Court
3 months, 2 weeks ago

Medical Testimony Not Merely Corroborative But Independent Evidence, May Establish Facts Apart From Other Oral Evidence: J&K High Court

Live Law  

Highlighting the critical role of medical evidence in criminal trials, the Jammu and Kashmir and Ladakh High Court has observed, that the evidence of a medical witness is very crucial to corroborate the case of prosecution and it is not merely a check upon testimony of eyewitnesses as it is also independent testimony because it may establish certain facts, quite …

Trial Court Cannot Convict Accused Based on Police Submissions: Telangana HC
7 months, 1 week ago

Trial Court Cannot Convict Accused Based on Police Submissions: Telangana HC

Deccan Chronicle  

HYDERABAD: The Telangana High Court made it clear that trial courts cannot convict an accused on a moral basis and the basis of the confession statement recorded by the police officers, which is inadmissible. The High Court suggested the trial courts keep in mind the five golden principles —panchsheel — summed up in ‘Sharad Birdhichand Sarda vs State of Maharashtra’, …

'Prosecution Couldn't Prove Case Beyond Reasonable Doubt': Allahabad HC Acquits 3 Convicts In 44 Year Old Murder Case
9 months, 2 weeks ago

'Prosecution Couldn't Prove Case Beyond Reasonable Doubt': Allahabad HC Acquits 3 Convicts In 44 Year Old Murder Case

Live Law  

The Allahabad High Court recently set aside the conviction of three murder convicts sentenced to life imprisonment by a Sessions Court in June 1982 on the ground that the prosecution failed to prove the case beyond a reasonable doubt. The Court also noted that the recovery made under Section 27 of the Evidence Act was of “no value whatsoever”, and …

Andhra Pradesh & Telangana High Court Weekly Round-Up: May 20 - May 26, 2024
9 months, 2 weeks ago

Andhra Pradesh & Telangana High Court Weekly Round-Up: May 20 - May 26, 2024

Live Law  

Nominal index: Mir Sadath Ali vs. Joint Collector, Ranga Reddy District & Ors 2024 LiveLaw 82 Maddikunta Narsimha Rao vs M. Chandra Shekar and four others 2024 LiveLaw 83 Smt Haneefa Bee vs. Mohd Nizam & Ors. Naveditha Manvikar 2024 LiveLaw 86 The Oriental Insurance Company Limited v Smt Chukkala Eshwari and Others 2024 LiveLaw 38 Report: Telangana High Court …

State to take cognisance of court observation in Dabholkar murder case: Fadnavis
10 months, 1 week ago

State to take cognisance of court observation in Dabholkar murder case: Fadnavis

Hindustan Times  

The state government will take cognisance of the observation made by the Pune court in its order in the murder case of rationalist Narendra Dabholkar, said deputy chief minister Devendra Fadnavis. Fadnavis, who was in the city on Saturday, said, “The law and judiciary will go through detailed order, and a decision will be taken whether to approach the high …

HC sets out methodology when police find no proof
1 year, 2 months ago

HC sets out methodology when police find no proof

Deccan Chronicle  

Hyderabad: Justice K. Surender of the Telangana High Court spelled out the methodology to be followed by the Magistrate Court when the police do not find any evidence against some of the accused. The act of the learned magistrate in directing issuing of summons against the petitioners, based on a note put up by the superintendent is found fault with.” …

Probe Your Investigating Officer: HC to Lokayukta
1 year, 6 months ago

Probe Your Investigating Officer: HC to Lokayukta

Deccan Chronicle  

HYDERABAD: A two-judge bench of the Telangana High Court comprising Chief Justice Alok Aaradhe and Justice T. Vinod Kumar on Thursday directed the Lokayukta to look into a complaint against one of its personnel and act in accordance with the law. Mahavir hospital asked to submit details of minimum wages A two-judge bench of the Telangana High Court, comprising Justice …

HC sought consolidated counter on investigation done in TSPSC paper leak
1 year, 9 months ago

HC sought consolidated counter on investigation done in TSPSC paper leak

Deccan Chronicle  

HYDERABAD: The Telangana High Court on Friday directed Advocate-General B.S. Prasad to provide details of the probe special investigation team probe into the leakage of question papers of recruitment exams, so that it could assess the progress in the case and determine if there were lacunae which would necessitate a probe by an independent agency like the CBI. Justice C.V. …

'Atrocious' : Supreme Court Disapproves Telangana HC's Directions To CBI On How To Question YSRCP MP Avinash Reddy; Stays Interim Anticipatory Bail
1 year, 10 months ago

'Atrocious' : Supreme Court Disapproves Telangana HC's Directions To CBI On How To Question YSRCP MP Avinash Reddy; Stays Interim Anticipatory Bail

Live Law  

The Supreme Court of India on Friday stayed an order by the Telangana High Court granting Lok Sabha member YS Avinash Reddy interim protection from arrest till April 25, in a case pertaining to the murder of former Andhra Pradesh minister YS Vivekananda Reddy. Besides this, the top court also stayed the proceedings before the high court in an anticipatory …

Circumstantial Evidence| When Two Views Possible, View Favouring Accused’s Innocence To Be Adopted: Supreme Court
1 year, 11 months ago

Circumstantial Evidence| When Two Views Possible, View Favouring Accused’s Innocence To Be Adopted: Supreme Court

Live Law  

The Supreme Court of India on recently reiterated that in cases where two views are possible while relying on circumstantial evidence, the view favouring the accused must be preferred. Relying on judicial precedents, a Bench of Justices BR Gavai and Sanjay Karol observed, “…in cases where heavy reliance is placed on circumstantial evidence, is that where two views are possible, …

Circumstantial Evidence Should Not Only Be Consistent With Guilt Of Accused But Also Be Inconsistent With His Innocence: Allahabad HC Reiterates
3 years ago

Circumstantial Evidence Should Not Only Be Consistent With Guilt Of Accused But Also Be Inconsistent With His Innocence: Allahabad HC Reiterates

Live Law  

" evidence should not only be consistent with the guilt of the accused but should be inconsistent with his innocence," the Allahabad High Court reiterated recently.The observation was made by a division bench of Justice Vivek Kumar Birla and Justice Subhash Vidhyarthi while dismissing an appeal filed by the victim against the order of Additional Sessions Judge, Badaun,. " It …

Non-Examination Of Child Witnesses Not Fatal To Prosecution Case When Adult Witnesses Available: Telangana High Court
3 years, 1 month ago

Non-Examination Of Child Witnesses Not Fatal To Prosecution Case When Adult Witnesses Available: Telangana High Court

Live Law  

The Telangana High Court recently ruled that children cannot be called to the court and cited as witnesses unless it is very much essential and there were no other witnesses to prove the case. Furthermore, the Trial Court observed that the non-examination of minor children of victim who were sleeping in the house when the incident took place was fatal …

Mere Enmity Even If Proved Cannot Be A Ground To Discard Witness's Evidence: Kerala High Court
3 years, 7 months ago

Mere Enmity Even If Proved Cannot Be A Ground To Discard Witness's Evidence: Kerala High Court

Live Law  

Mere enmity, even if it is proved cannot be a ground to discard the evidence, if the such evidence is found to be reliable, the Kerala High Court observed while upholding conviction of an accused in a murder case on the basis of evidence given by his wife.In this case, one of the contentions raised by the accused was that …

Telangana Lawyer Couple Murder Case: Supreme Court Refuses To Entertain PIL Seeking Investigation; Says Matter Pending In HC
4 years ago

Telangana Lawyer Couple Murder Case: Supreme Court Refuses To Entertain PIL Seeking Investigation; Says Matter Pending In HC

Live Law  

The Supreme Court on Friday declined to entertain the plea seeking investigation by an Independent Investigation Agency into murder of a Telangana lawyer couple this year. A three judge Bench of CJI Bobde, Justices Bopanna and Justice Ramasubramanian has asked the petitioner to withdraw the plea and approach the High Court with the same prayer. During the hearing, a three-judge …

Telangana HC issues notices to state govt over lawyer couple's murder
4 years, 1 month ago

Telangana HC issues notices to state govt over lawyer couple's murder

Deccan Chronicle  

Hyderabad: Reacting to the brutal killing of the advocate couple, Gattu Vaman Rao and P.V. The court issued notices to principal secretary, Telangana State Home, the Director-General of Police, the Ramagundam Police Commissioner and other police authorities concerned, right down from top officials to the station house officer of Ramagiri police station, in which jurisdiction the double murder took place. …

Telangana HC asks state to submit evidence on encounter
5 years, 3 months ago

Telangana HC asks state to submit evidence on encounter

Deccan Chronicle  

Hyderabad: The Telangana High Court on Monday directed the state government to furnish documentary evidence on whether it followed the Supreme Court guidelines and norms, which must be strictly followed in all deaths and grievous injuries in police encounters, while dealing with a bunch of public interest litigations filed against the encounter killings of four accused persons of raping and …

After posting the case to Thursday, Telangana HC orders authorities to preserve accused's bodies till Dec 13
5 years, 3 months ago

After posting the case to Thursday, Telangana HC orders authorities to preserve accused's bodies till Dec 13

India TV News  

After posting the Hyderabad encounter of 4 accused in the brutal gangrape murder of a 26-year-old doctor, the Telangana High Court has ordered authorities to preserve the bodies of the four accused till Friday, December 13. The division bench headed by Chief Justice R. S. Chauhan wanted to know if the police followed the Supreme Court guidelines in the matter. …

Telangana HC orders cops to preserve accused bodies
5 years, 3 months ago

Telangana HC orders cops to preserve accused bodies

Deccan Chronicle  

Hyderabad: In a setback to the state police, the Telangana High Court on Friday night directed the Cyberabad police to preserve the bodies of the four accused who were killed in the encounter, till 6 am on Monday in the mortuary at Mahabub-nagar hospital. Ramachandra Rao and Justice K. Lakshman took suo motu cognisance of a representation from a group …

Preserve bodies of 4 accused till December 9: Telangana High Court
5 years, 3 months ago

Preserve bodies of 4 accused till December 9: Telangana High Court

India TV News  

The Telangana High Court has ordered the state government to preserve bodies of all four accused in the rape and murder of a young veterinarian till 8 pm on December 9. The High Court directed that the video of the post-mortem in Compact Disc form or pen-drive be handed over to the Principal District Judge, Mahabubnagar, after completion of the …

Telangana high court asks about BJP leader case
5 years, 8 months ago

Telangana high court asks about BJP leader case

Deccan Chronicle  

Hyderabad: The Telangana High Court on Monday directed the police to submit a status report about the investigation done so far in the case filed against BJP leader P. Muralidhar Rao and eight others at the Saroornagar police station that they had cheated a city resident by promising a nominated post at the Centre. Justice Rajasheker Reddy was dealing with …

Telangana high court pulls up cops for lack of FIR
5 years, 10 months ago

Telangana high court pulls up cops for lack of FIR

Deccan Chronicle  

Hyderabad: The Telangana High Court on Wednesday asked the city’s police commissioner and Nampally police station officer to respond in a case filed before it alleging that the police had not lodged an FIR against those responsible for the fiasco in the valuation of answer sheets and tallying of Inter exam marks. Justice Shameem Akther issued notices to the police …

Conviction For Causing Disappearance Of Evidence Merely Because Of Failure To Inform Police About Crime Not Justified: SC [Read Judgment]
7 years, 1 month ago

Conviction For Causing Disappearance Of Evidence Merely Because Of Failure To Inform Police About Crime Not Justified: SC [Read Judgment]

Live Law  

The Supreme Court, in Dinesh Kumar Kalidas Patel v State of Gujarat, has held that a person cannot be convicted for causing disappearance of evidence merely because he failed to inform the police about the crime.The trial court had convicted a person for offences under Sections 498A and 201 of the Indian Penal Code, 1860. The Supreme Court, in Dinesh …

Supreme Court: evidence raises suspicion that Prajapati encounter was fake
13 years, 11 months ago

Supreme Court: evidence raises suspicion that Prajapati encounter was fake

The Hindu  

The Narendra Modi government suffered a setback on Friday with the Supreme Court ordering re-investigation of the Tulsiram Prajapati encounter case by the CBI though the State had already filed the charge sheet in July 2010. Chauhan, in its judgment on a writ petition filed by Narmada Bai, mother of Prajapati, directed the CBI to investigate all aspects of the …

“Justice waylaid in Sohrabuddin case in Gujarat”
15 years, 6 months ago

“Justice waylaid in Sohrabuddin case in Gujarat”

The Hindu  

There has been a calculated attempt to obstruct justice at every stage and delay the investigation in the Sohrabuddin encounter case, Solicitor-General Gopal Subramaniam said in the Supreme Court on Wednesday. Unless there is a thorough and impartial investigation by an independent investigating agency the truth will not come out,” Mr. Subramaniam, appearing as amicus curiae, told a Bench of …

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