Trial Court Rejecting Application For FSL Report Of Weapon In Attempt To Murder Case Leads To Miscarriage Of Justice: Rajasthan High Court
7 months, 3 weeks ago

Trial Court Rejecting Application For FSL Report Of Weapon In Attempt To Murder Case Leads To Miscarriage Of Justice: Rajasthan High Court

Live Law  

The Rajasthan High Court set aside the order of an Additional Sessions Judge that had disallowed the application filed by the complainant seeking an FSL report of the alleged weapon and the blood-stained clothes in a case of attempt to murder. The court held that denying the FSL report which would assist the trial court in correctly concluding the role of the accused was a miscarriage of justice. To deny the application without seeking the report would thus result in a miscarriage of justice.” A bench of Justice Arun Monga was hearing a plea against the order of the Sessions judge, filed by the complainant in a pending case of attempt to murder. Therefore, dismissing it on that ground is a complete fallacy committed by the learned Sessions Court.” The Court further stated that seeking the FSL report would assist the trial court in correctly determining the role of the accused in causing injuries.

Trial Court Trial Court Application Report Filed Fsl Sessions Sessions Court Fsl Report Prosecution Evidence  filed  justice  sessions  rajasthan  miscarriage  leads  evidence  fsl  application  murder  rejecting  court  report  learned  seeking  trial  weapon

History of this topic

Can't Have Two FIRs For Same Accusation, Trial Court Didn't Consider Negative Report Before Cognizance: Rajasthan HC Exonerates Man Of Charges
1 month ago

Can't Have Two FIRs For Same Accusation, Trial Court Didn't Consider Negative Report Before Cognizance: Rajasthan HC Exonerates Man Of Charges

Live Law  

While setting aside charges against a man booked in two FIRs having the same set of accusations, the Jodhpur bench of the Rajasthan High Court reiterated that two cases could not run simultaneously for same set of accusation. The court further observed that trial court while taking cognizance failed to take note of the grounds mentioned in the negative final …

High Court Seeks Status Of Forensic Labs Upgradation From Punjab Home Secretary
4 months ago

High Court Seeks Status Of Forensic Labs Upgradation From Punjab Home Secretary

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The Punjab & Haryana High Court has sought affidavit from Punjab's Home Secretary on action plan for upgradation of the Forensic Science Laboratory in the region.The development came after the Court while dealing with the bail pleas found that CCTV footage provided by the petitioner could not be examined due to lack of facility at FSL, Punjab, SAS Nagar, Mohali.Justice …

Name Of Minor Rape Victim Disclosed In Investigation & Trial: Rajasthan High Court Directs Sensitisation Program For Police, Judicial Officers
11 months, 1 week ago

Name Of Minor Rape Victim Disclosed In Investigation & Trial: Rajasthan High Court Directs Sensitisation Program For Police, Judicial Officers

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Expressing concern about a situation where the identity of a rape victim was disclosed during investigation and trial, Rajasthan High Court has proposed an exercise of sensitization for the police officers and judicial officers to ensure that such instances do not repeat. “In this background, the court feels that an exercise of sensitization of the police officers and judicial officers …

Gujarat High Court Allows Rape Accused To Use Victim’s Section 161 CrPC Statement Of Different Case To Contradict Her Allegations
2 years, 1 month ago

Gujarat High Court Allows Rape Accused To Use Victim’s Section 161 CrPC Statement Of Different Case To Contradict Her Allegations

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The Gujarat High Court recently quashed a trial court order denying the accused opportunity to examine a police inspector in a rape case. The trial court had also observed that unless and until she is not examined by the court, the statement recorded under Section 161 of Cr.P.C. Before the registration of rape case, the victim's brother had lodged the …

Defence Evidence: Application U/S 243CrPC Cannot Be Rejected Unless It Is Vexatious, Delayed or Would Defeat The Ends of Justice:Delhi HC
5 years, 8 months ago

Defence Evidence: Application U/S 243CrPC Cannot Be Rejected Unless It Is Vexatious, Delayed or Would Defeat The Ends of Justice:Delhi HC

Live Law  

Delhi High Court has recently observed that issuing process for an application filed under section 243 of the Cr.P.C by the Trial Court was obligatory unless for reasons recorded, it is held that such application is vexatious, delayed or defeats the ends of justice. The order came based on a petition filed against a judgment of a Trial Court which …

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