Gang Rape & Murder Case: Patna HC Acquits Man Sentenced To Death Noting Prosecution's Sole Reliance On Sniffer Dog Evidence
1 year, 2 months ago

Gang Rape & Murder Case: Patna HC Acquits Man Sentenced To Death Noting Prosecution's Sole Reliance On Sniffer Dog Evidence

Live Law  

This week, the Patna High Court overturned the death penalty handed down to a man convicted of the murder and rape of a 12-year-old girl. The court reached this decision upon discovering that the prosecution's entire case relied solely on the presence of a sniffer dog entering the accused man's house. The Court initially conveyed its discontent with the Special Court's handling of the case, expressing dissatisfaction over the appellant's conviction and death sentence without adherence to fundamental legal principles. The Court further highlighted that, as no incriminating evidence was discovered there, the tracking dog subsequently entered the appellant's house, leading to his arrest. The Court pointed out that the Trial Court may have overlooked the crucial fact that an investigative agency utilized a tracker dog and depended on the canine's abilities to ascertain whether it had entered the appellant's house.

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History of this topic

Patna High Court Acquits Rape Accused, Finds Victim's Testimony Unreliable
4 months ago

Patna High Court Acquits Rape Accused, Finds Victim's Testimony Unreliable

Live Law  

The Patna High Court has acquitted an accused in a rape case, finding the victim's testimony to be unreliable. The Court noted that the victim's statement in court significantly differed from her initial written statement to the police, and there were serious contradictions in both her statement and her conduct, making her untrustworthy. As a result, the Court held that …

[Dowry Death] When Offence Committed Inside House, Initial Burden Of Proof Rests On Prosecution But Degree Becomes Lighter: Patna High Court
4 months, 1 week ago

[Dowry Death] When Offence Committed Inside House, Initial Burden Of Proof Rests On Prosecution But Degree Becomes Lighter: Patna High Court

Live Law  

The Patna High Court has clarified that, under Section 106 of the Indian Evidence Act, requiring an appellant to explain the cause of a deceased's death without the prosecution first proving basic facts would amount to an improper interpretation of the law. The Court stated that the prosecution must establish foundational facts showing involvement of the appellant and others in …

Withholding Rape Victim's Medico Legal Report Raises Adverse Presumption Against Prosecution Case: Patna HC Acquits Life Convict After 12 Yrs
4 months, 1 week ago

Withholding Rape Victim's Medico Legal Report Raises Adverse Presumption Against Prosecution Case: Patna HC Acquits Life Convict After 12 Yrs

Live Law  

The Patna High Court has acquitted a man 12 years after conviction for rape, while observing that withholding a rape victim's medico-legal examination report raises adverse presumption against the prosecution's case. More so, when the informant was examined by doctors at Banka and Bhagalpur hospital withholding the medico legal examination's report raises adverse presumption against the proseuction case. Even suggestion …

Court Can Draw Adverse Inference Against Prosecution For Non-Examination Of Material Witness: Patna High Court Acquits Life Convicts
1 year, 5 months ago

Court Can Draw Adverse Inference Against Prosecution For Non-Examination Of Material Witness: Patna High Court Acquits Life Convicts

Live Law  

In a significant legal development, the Patna High Court, acquitted the accused persons in a murder case, setting aside their conviction. One of the primary issues before the Court was whether the non-examination of material witnesses, namely Rahul Paswan, Ghamri Ansari, and Sanju Singh, who had assisted the informant in rescuing the deceased from the pond and were alleged to …

Shocking! Gujarat man who raped stepdaughter and makes her pregnant gets death sentence
2 years ago

Shocking! Gujarat man who raped stepdaughter and makes her pregnant gets death sentence

India TV News  

A court in Gujarat’s Kheda district on Tuesday awarded the death sentence to a 28-year-old man for repeatedly raping his stepdaughter and impregnating her. Crime came to light only after the girl became pregnant As per the prosecution, the accused repeatedly raped the girl, who was then aged 11 years and 8 months, for over five months and threatened her …

Patna High Court Acquits Man On Death Row For Failure Of Police To Inspect Scene Of Crime
3 years, 7 months ago

Patna High Court Acquits Man On Death Row For Failure Of Police To Inspect Scene Of Crime

Live Law  

The Patna High Court on Friday acquitted a person who was sentenced to death for allegedly raping and killing a 16 year old girl in Bhojpur district, Bihar. "In view of the inordinate and unexplained delay in lodging the FIR, the casual manner in which the investigation was carried out, the investigating officer did not inspect the place of occurrence …

"Admittedly There Was No Test Identification Parade": Patna High Court Acquits All 13 Accused In 1999 Senari Massacre Case
3 years, 10 months ago

"Admittedly There Was No Test Identification Parade": Patna High Court Acquits All 13 Accused In 1999 Senari Massacre Case

Live Law  

The Patna High Court on Friday acquitted all 13 accused persons in connection with 1999 Senari Massacre case killing 34 persons after observing that the circumstances in which the Test Identification Parade was conducted makes it "weak and without any corroboration".A division bench comprising of Justice Ashwani Kumar Singh and Justice Arvind Srivastava set aside the trial court judgment. The …

Patna High Court Acquits All 13 Accused in 1999 Senari Massacre
3 years, 10 months ago

Patna High Court Acquits All 13 Accused in 1999 Senari Massacre

News 18  

The Patna High Court on Friday acquitted all 13 people convicted in a two decades old case of massacre, one of the bloodiest that took place when many districts of Bihar were in the throes of violence unleashed by Maoist groups and private militia of landlords. The order was passed by a division bench headed by Justice Anjani Kumar Singh, …

Patna HC Acquits Rape & Murder Accused Who Was Sentenced To Death By Trial Court [Read Judgment]
4 years, 5 months ago

Patna HC Acquits Rape & Murder Accused Who Was Sentenced To Death By Trial Court [Read Judgment]

Live Law  

The Patna High Court acquitted a rape and murder accused setting aside the death sentence awarded by the Trial Court.Ajit Kumar was convicted by the Trial Court under Sections 363, 366A, 120B, 302, 376 of the Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences Act, 2012 finding him guilty of kidnapping and raping a …

Bihar cops clueless about Buxar case
5 years, 3 months ago

Bihar cops clueless about Buxar case

Deccan Chronicle  

Patna: The Bihar police have not been able to make any breakthrough in the murder case of a young girl whose charred body was recovered on the outskirts of Kukudha village under the Itadhi police station area in Buxar district. The police’s primary investigation in the case suggests that the incident had occurred either on Monday night or early Tuesday …

Rape And Murder Of 7-Yr-Old Girl: Patna HC Commutes Death Sentence Taking Into Account ‘Early Age’ Of Accused [Read Judgment]
6 years, 4 months ago

Rape And Murder Of 7-Yr-Old Girl: Patna HC Commutes Death Sentence Taking Into Account ‘Early Age’ Of Accused [Read Judgment]

Live Law  

“It is true that in the present case, there were aggravating circumstances, but the early age of the appellant is also required to be noticed.”The Patna High Court on Friday commuted death penalty awarded to a man convicted for rape and murder of a seven-year-old girl in Bihar.Hari Kishun Sada was convicted by the trial court for rape and murder …

Rape And Murder Of 7-Yr-Old Girl: Patna HC Commutes Death Sentence Taking Into Account ‘Early Age’ Of Accused [Read Judgment]
6 years, 4 months ago

Rape And Murder Of 7-Yr-Old Girl: Patna HC Commutes Death Sentence Taking Into Account ‘Early Age’ Of Accused [Read Judgment]

Live Law  

“It is true that in the present case, there were aggravating circumstances, but the early age of the appellant is also required to be noticed.”The Patna High Court on Friday commuted death penalty awarded to a man convicted for rape and murder of a seven-year-old girl in Bihar.Hari Kishun Sada was convicted by the trial court for rape and murder …

Rape & Murder Of 3-Yr-Old Girl: Patna HC Commutes Death Penalty Taking Into Account ‘Early Age’ Of Accused And Lack Of Criminal Antecedents [Read Judgment]
6 years, 5 months ago

Rape & Murder Of 3-Yr-Old Girl: Patna HC Commutes Death Penalty Taking Into Account ‘Early Age’ Of Accused And Lack Of Criminal Antecedents [Read Judgment]

Live Law  

‘It is true that in the present case, there were aggravating circumstances, but the early age of the appellant is also required to be noticed.’The Patna High Court has converted sentence of death penalty imposed on a man accused of rape and murder of a 3-year-old to life imprisonment taking into account of his ‘early’ age and lack of criminal …

Rape & Murder Of 3-Yr-Old Girl: Patna HC Commutes Death Penalty Taking Into Account ‘Early Age’ Of Accused And Lack Of Criminal Antecedents [Read Judgment]
6 years, 5 months ago

Rape & Murder Of 3-Yr-Old Girl: Patna HC Commutes Death Penalty Taking Into Account ‘Early Age’ Of Accused And Lack Of Criminal Antecedents [Read Judgment]

Live Law  

‘It is true that in the present case, there were aggravating circumstances, but the early age of the appellant is also required to be noticed.’The Patna High Court has converted sentence of death penalty imposed on a man accused of rape and murder of a 3-year-old to life imprisonment taking into account of his ‘early’ age and lack of criminal …

Inadequate Legal Aid To Murder Accused: Patna HC Sets Aside Death Penalty, Orders Retrial [Read Judgment]
6 years, 11 months ago

Inadequate Legal Aid To Murder Accused: Patna HC Sets Aside Death Penalty, Orders Retrial [Read Judgment]

Live Law  

It was mandatorily required on the part of the trial court to take steps for providing any counsel from Legal Aid Committee or at the expense of the government, the bench said.The Patna High Court has ordered a retrial in a murder case while setting aside the death sentence imposed on an accused, observing that the accused was not provided …

Inadequate Legal Aid To Murder Accused: Patna HC Sets Aside Death Penalty, Orders Retrial [Read Judgment]
6 years, 11 months ago

Inadequate Legal Aid To Murder Accused: Patna HC Sets Aside Death Penalty, Orders Retrial [Read Judgment]

Live Law  

It was mandatorily required on the part of the trial court to take steps for providing any counsel from Legal Aid Committee or at the expense of the government, the bench said.The Patna High Court has ordered a retrial in a murder case while setting aside the death sentence imposed on an accused, observing that the accused was not provided …

SC Commuted Death Sentence of a 21 year old Murderer of an 18 yr old girl while attempting to Rape to 'Life' citing young age and Chances of Reform [Read Judgment]
10 years, 10 months ago

SC Commuted Death Sentence of a 21 year old Murderer of an 18 yr old girl while attempting to Rape to 'Life' citing young age and Chances of Reform [Read Judgment]

Live Law  

Supreme Court on Friday commuted Death Sentence of a 21 year old convict who committed Attempt to Rape and Murder to Life Imprisonment citing the young age and possibilities of reformation.A bench comprising of Justice Sudhansu Jyoti Mukhopadhaya and Justice A.K. Supreme Court on Friday commuted Death Sentence of a 21 year old convict who committed Attempt to Rape and …

Patna High Court acquits all 26 in Dalit massacre case
11 years, 5 months ago

Patna High Court acquits all 26 in Dalit massacre case

The Hindu  

October 09, 2013 08:54 pm | Updated December 04, 2021 11:38 pm IST - Patna Setting aside the conviction by a lower court, the Patna High Court on Wednesday acquitted all the 26 accused in the 1997 case of Laxmanpur Bathe massacre, in which 58 Dalits were killed allegedly by members of the Ranvir Sena, a militia of upper caste …

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