1995 Murder Case | 'Prosecution Not Obliged To Answer Every Hypothesis Of Defence': Allahabad HC Overturns Acquittal, Sentences 3 To LI
1 month, 1 week ago

1995 Murder Case | 'Prosecution Not Obliged To Answer Every Hypothesis Of Defence': Allahabad HC Overturns Acquittal, Sentences 3 To LI

Live Law  

While overturning the acquittal of 3 accused and sentencing them to Life Imprisonment in connection with a 1995 Murder case, the Allahabad High Court recently observed that the prosecution is not obliged to answer each and every hypothesis put forth by the defence/accused persons. Before the High Court, the state submitted that the Trial Court, in its judgment of acquittal, had given much importance and weightage to minor contradictions emerging in the testimony of two witnesses of fact, the natural witnesses of the crime. Regarding the contradictions identified by the trial court in the testimonies of PW 1 and PW 2, the High Court noted that even honest and truthful witnesses may differ in some details, which may not be related to the core of the prosecution case. “It is also to be recalled that in a case of heinous crime, the witnesses generally do not remember with absolute.what had exactly happened at other places or where they were standing and their main concentration and focus is on the incident or to say commission of crime and thus, in our considered opinion the Trial Court has not considered this aspect of the matter in the right perspective and has given much importance to this minor and insignificant contradiction,” the Court remarked.

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History of this topic

Supreme Court Acquits Man On Death Row, Cites Faulty Investigation & Gaps In Prosecution Case
1 month, 2 weeks ago

Supreme Court Acquits Man On Death Row, Cites Faulty Investigation & Gaps In Prosecution Case

Live Law  

The Supreme Court set aside the conviction of an accused in a case for allegedly committing the gruesome murder of his six family members, including his four children and brother. The prosecution case was solely based on circumstantial evidence, contending that the Appellant murdered his family members due to a land dispute, however, it failed to prove the motive. Citing …

Victim's Solitary Evidence In Sexual Offences Not Sufficient For Conviction If Marred With Inconsistencies: Jammu & Kashmir High Court
1 month, 2 weeks ago

Victim's Solitary Evidence In Sexual Offences Not Sufficient For Conviction If Marred With Inconsistencies: Jammu & Kashmir High Court

Live Law  

While setting aside the conviction order passed by the trial court in a rape and abduction case, the Jammu and Kashmir & Ladakh High Court observed that the fact that Prosecutrix was aware of the place where she was kept after abduction and raped but never identified that place during the investigation assumes significance as material contradiction. The trial court …

'Gaping Holes In Prosecution' : Supreme Court Acquits Man Who Was Sentenced To Death For Rape & Murder
1 month, 3 weeks ago

'Gaping Holes In Prosecution' : Supreme Court Acquits Man Who Was Sentenced To Death For Rape & Murder

Live Law  

The Supreme Court today set aside the judgment of the Bombay High Court which upheld the conviction and the death sentence awarded to the Appellant by the Trial Court for the rape and murder of a 23 years old woman which took place in 2014. The Court acquitted the Appellant of all charges on the ground that when the prosecution …

Allahabad HC Grants Relief To Man Facing Charges Of Giving False Evidence In A Murder Trial For Past 32 Years
2 months ago

Allahabad HC Grants Relief To Man Facing Charges Of Giving False Evidence In A Murder Trial For Past 32 Years

Live Law  

The Allahabad High Court recently quashed a complaint case pending against a man for the past 32 years where he was facing charges under Sections 194, 211 IPC for giving false evidence during a murder trial. While acquitting the accused, the trial Court directed the initiating of proceedings under Sections 211/194 IPC against the applicant on the ground that during …

'Prosecutrix's Testimony Doesn't Inspire Confidence' : Supreme Court Affirms Acquittal In Rape Case
2 months, 1 week ago

'Prosecutrix's Testimony Doesn't Inspire Confidence' : Supreme Court Affirms Acquittal In Rape Case

Live Law  

The Supreme Court, observed that in rape cases if a conviction is based on the sole evidence of a single witness, even that of the victim herself, such evidence should inspire confidence in the Court. But nevertheless when a person can be convicted on the testimony of a single witness the Courts are bound to be very careful in examining …

Injuries Insufficient To Cause Death: Gujarat HC Grants Bail To Police Officers Convicted For Murder Of A Boy At An Observation Home
2 months, 3 weeks ago

Injuries Insufficient To Cause Death: Gujarat HC Grants Bail To Police Officers Convicted For Murder Of A Boy At An Observation Home

Live Law  

A division bench of Justice Ilesh J Vora and Justice SV Pinto in its order examined the case records and examination of the Medical Officer who had conducted the deceased's post mortem and had admitted during the cross-examination that the external injuries on the deceased were simple injuries and and the individual injuries were not sufficient to cause death. The …

Attempt To Murder Case: Allahabad High Court Delivers Split Verdict In Appeal Against Acquittal Of Rebel SP MLA
3 months ago

Attempt To Murder Case: Allahabad High Court Delivers Split Verdict In Appeal Against Acquittal Of Rebel SP MLA

Live Law  

The Allahabad High Court on Friday delivered a split verdict in an appeal filed against the acquittal of rebel Samajwadi Party MLA Abhay Singh in connection with the 2010 attempt-to-murder case. While Justice Attau Rahman Masoodi sentenced five of the accused, including Abhay Singh, to three years of imprisonment in connection with the 2010 case, Justice Ajai Kumar Srivastava-I, on …

Prosecution's Case 'Must Be Proved Beyond Reasonable Doubts' & Not Merely 'May Be Proved': Allahabad HC Upholds Acquittal Of 6 In 'Riots' Case
4 months, 1 week ago

Prosecution's Case 'Must Be Proved Beyond Reasonable Doubts' & Not Merely 'May Be Proved': Allahabad HC Upholds Acquittal Of 6 In 'Riots' Case

Live Law  

While upholding the acquittal of 6 men accused of rioting and assaulting police personnel in Jhansi's Babina district in 2008, the Allahabad High Court recently observed that it is a well-established principle that the prosecution's case 'must be proved beyond reasonable doubts' and not merely 'may be proved'. A bench of Justice Rajiv Gupta and Justice Surendra Singh-I also observed …

1978 Murder Case | Circumstances Alleged Against Accused Not Proved Satisfactorily: Allahabad HC Upholds Acquittal Order
7 months, 2 weeks ago

1978 Murder Case | Circumstances Alleged Against Accused Not Proved Satisfactorily: Allahabad HC Upholds Acquittal Order

Live Law  

The Allahabad High Court on Monday upheld the acquittal of an accused in a 1978 murder case, noting that many circumstances alleged against the accused had not been proved satisfactorily by the prosecution. The Court also opined that the chain of circumstances was incomplete to record the finding of conviction against the accused, and hence, the Court upheld the trial …

'Major Contradictions In Statements Of Police/ Eyewitnesses': Allahabad HC Acquits 3 Murder Accused In 23 Year Old Case
7 months, 3 weeks ago

'Major Contradictions In Statements Of Police/ Eyewitnesses': Allahabad HC Acquits 3 Murder Accused In 23 Year Old Case

Live Law  

The Allahabad High Court on Monday set aside the conviction and acquitted three men who were sentenced to life imprisonment for committing the offence of murder after noting that there were significant contradictions in the statements of eyewitnesses and police witnesses. “Considering the evidence and other material on record in its entirety, we are of the view that the learned …

'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 …

Chain Of Circumstances Must Unerringly Point Towards Guilt Of Accused: Patna High Court Sets Aside Rape And Murder Conviction
1 year, 1 month ago

Chain Of Circumstances Must Unerringly Point Towards Guilt Of Accused: Patna High Court Sets Aside Rape And Murder Conviction

Live Law  

The Patna High Court has overturned a judgment of conviction and order of sentence under the Protection of Children from Sexual Offences Act, while stressing the importance of establishing a clear and unerring chain of circumstances pointing unequivocally to the guilt of the accused. The division bench of Justices Alok Kumar Pandey and Ashutosh Kumar underscored, "We can test the …

Conviction Cannot Be Based On Suspicion : Supreme Court Acquits Accused In 15 Yr Old Murder Case
1 year, 1 month ago

Conviction Cannot Be Based On Suspicion : Supreme Court Acquits Accused In 15 Yr Old Murder Case

Live Law  

While deciding the issue whether suspicious sole recovery of blood-stained weapon could form the basis of conviction, the Supreme Court on Wednesday held in negative by holding that sole circumstance of recovery of blood-stained weapon cannot form the basis of conviction unless the same was connected with the murder of the deceased by the accused. The court held that sole …

Contradiction On Case's Crucial Aspects Totally Discredits Witness Statement, Makes It Unreliable: Jammu & Kashmir High Court
1 year, 4 months ago

Contradiction On Case's Crucial Aspects Totally Discredits Witness Statement, Makes It Unreliable: Jammu & Kashmir High Court

Live Law  

The Jammu & Kashmir and Ladakh High Court has recently observed that the successful contradiction of a witness's statement on crucial aspects of a case would totally discredit their account and render it unreliable and untrustworthy. A bench of Justice Sanjay Dhar observed: “It is true that even if defence is successful in contradicting a witness, it would not always …

1999 Rape-Murder Case| 'Victim Was Sexually Assaulted & Killed But Accused Being Real Culprits Not Proved': Allahabad HC Acquits 3
1 year, 4 months ago

1999 Rape-Murder Case| 'Victim Was Sexually Assaulted & Killed But Accused Being Real Culprits Not Proved': Allahabad HC Acquits 3

Live Law  

The Allahabad High Court recently acquitted three accused in a 1999 rape and murder case concerning a 13-year-old girl as it found that the prosecution was not able to prove beyond a reasonable doubt that the accused/appellants were the real culprits. “No doubt that the victim has been sexually assaulted and was strangled to death but it is not proved …

Trial Courts Must Shed Their Inertia & Ask Questions To Witnesses In Appropriate Cases To Sift Grain From Chaff: Allahabad HC
1 year, 6 months ago

Trial Courts Must Shed Their Inertia & Ask Questions To Witnesses In Appropriate Cases To Sift Grain From Chaff: Allahabad HC

Live Law  

The Allahabad High Court, referring especially to hostile witnesses, observed that the trial Court must shed its inertia and ask questions while intervening in all those cases where the court’s intervention is necessary for the ends of justice. The Court noted that two prosecution witnesses in the case had turned hostile at the time of their examination-in-chief and they were …

Two techies accused of murder get acquittal after 10 years
1 year, 8 months ago

Two techies accused of murder get acquittal after 10 years

Deccan Chronicle  

HYDERABAD: A techie and her partner, accused of killing the former’s husband at Abdullapurmet in 2013, walked out of jail after being freed for want of evidence against them. During the investigation, police claimed to have arrested the two and another person, who had helped them in killing the victim, with the help of CCTV and mobile records evidence and …

Section 106 Evidence Act Not Attracted Unless Prosecution Prima Facie Discharges Initial Burden Of Establishing Guilt Of Accused: Allahabad HC
1 year, 9 months ago

Section 106 Evidence Act Not Attracted Unless Prosecution Prima Facie Discharges Initial Burden Of Establishing Guilt Of Accused: Allahabad HC

Live Law  

The Allahabad High Court has recently observed that Section 106 of the Indian Evidence Act cannot be attracted in a case unless the initial burden of establishing the guilt of the accused is prima facie discharged by the prosecution. In this regard, the Court also referred to the Apex Court’s ruling in the case of Nagendra Sah Vs. the State …

Murder Trial - Last Seen Theory : Time At Which Deceased Was Lastly Seen With Accused Should Be Proved Conclusively : Supreme Court
2 years ago

Murder Trial - Last Seen Theory : Time At Which Deceased Was Lastly Seen With Accused Should Be Proved Conclusively : Supreme Court

Live Law  

While relying on ‘last seen theory’ in a case based on circumstantial evidence, the evidence on the time at which the deceased was lastly seen with the accused has to be proved conclusively, the Supreme Court reiterated recently. “In a case rested on circumstantial evidence and ‘last seen’ theory is relied on as a link in the chain of circumstances, …

Victim’s Testimony Unreliable, Major Improvements Made: Allahabad HC Acquits Police Constable Convicted In Minor's Rape Case
2 years, 2 months ago

Victim’s Testimony Unreliable, Major Improvements Made: Allahabad HC Acquits Police Constable Convicted In Minor's Rape Case

Live Law  

The Allahabad High Court recently acquitted a police constable who was convicted in 2018 by a trial Court for allegedly raping a 16-year-old minor girl, after finding that the medical evidence did not support the prosecution’s case. The bench of Justice Ashwani Kumar Mishra and Justice Shiv Shanker Prasad also observed that there were major improvements in the testimony of …

"One Of Most Perfunctory Investigation" : Supreme Court Acquits Man Who Was Sentenced To Death For Alleged Murder Of Wife, Four Kids
2 years, 5 months ago

"One Of Most Perfunctory Investigation" : Supreme Court Acquits Man Who Was Sentenced To Death For Alleged Murder Of Wife, Four Kids

Live Law  

The Supreme Court acquitted a man who was sentenced to death for alleged murder of his wife and his four kids.Without any hesitation and with disappointment, we state that the case on hand is one of most perfunctory investigation, the CJI UU Lalit, Justices S. Ravindra Bhat and JB Pardiwala remarked.Project 39A of the National Law University Delhi gave legal …

"Relationship No Factor To Affect Credibility Of A Witness" : Allahabad High Court Upholds Conviction U/S 304 (II) IPC In A 1981 Case
2 years, 6 months ago

"Relationship No Factor To Affect Credibility Of A Witness" : Allahabad High Court Upholds Conviction U/S 304 (II) IPC In A 1981 Case

Live Law  

The Allahabad High Court last week upheld the conviction of a man under Section 304 of the IPC who was sentenced to three years rigorous imprisonment under Section 304 of the IPC for committing culpable homicide not amounting to murder in the year 1981.Stressing that relationship is not a factor to affect credibility of a witnes, the bench of Justice …

[42 Yr Old Murder Case] "Guilt Not Proved Beyond Reasonable Doubt": Allahabad High Court Upholds Acquittal Order
2 years, 8 months ago

[42 Yr Old Murder Case] "Guilt Not Proved Beyond Reasonable Doubt": Allahabad High Court Upholds Acquittal Order

Live Law  

Holding that the prosecution could not prove the guilt of the accused beyond a reasonable doubt, the Allahabad High Court on Tuesday upheld the acquittal order passed by the trial court in a 42-year-old murder case.The Bench of Justice Om Prakash-VII and Justice Narendra Kumar Johari was essentially dealing with a Government appeal filed against a 1985 jdgment. Holding that …

"Prosecution Case Flows From Highly Interested Witnesses": Allahabad HC Sets Aside Life Sentences In A 42 Year Old Murder Case
2 years, 10 months ago

"Prosecution Case Flows From Highly Interested Witnesses": Allahabad HC Sets Aside Life Sentences In A 42 Year Old Murder Case

Live Law  

The Allahabad High Court recently set aside the life sentence of two in a 42-year-old murder case giving them a benefit of doubt as it noted that the prosecution case flowed from highly interested witnesses.The Bench of Justice Manoj Misra and Justice Shamim Ahmed sensed a suspicion shrouding the prosecution case, which gave the Court, a strong feeling that the …

"Evidence Of Witness Can't Be Disbelieved On Ground Of Minor Contradictions In Testimony": Allahabad High Court Upholds Murder Conviction
2 years, 11 months ago

"Evidence Of Witness Can't Be Disbelieved On Ground Of Minor Contradictions In Testimony": Allahabad High Court Upholds Murder Conviction

Live Law  

The Allahabad High Court has reiterated that minor contradictions in the testimony of a witness which do not go to the root of the matter are not material contradictions and on this ground alone, the evidence of such witness cannot be brushed aside/disbelieved.Observing thus, the bench of Justice Sunita Agarwal and Justice Sadhna Rani upheld the judgment and order of …

"Extra-Judicial Confession Not Corroborated": Allahabad High Court Upholds Acquittal Of Murder-Robbery Accused
3 years ago

"Extra-Judicial Confession Not Corroborated": Allahabad High Court Upholds Acquittal Of Murder-Robbery Accused

Live Law  

The Allahabad High Court recently upheld the acquittal of a Murder-Robbery accused as it noted that the alleged extrajudicial confession made by all the accused persons was highly unnatural and the same was not corroborated by any other evidence.Essentially, the Bench of Justice Vivek Kumar Birla and Justice Subhash Vidyarthi was hearing an appeal filed by the informant of the …

"Testimony Of Sole Eyewitness Not Truthful": Allahabad HC Sets Aside Convict's Life Sentence In A 23-Yr-Old Murder Case
3 years, 1 month ago

"Testimony Of Sole Eyewitness Not Truthful": Allahabad HC Sets Aside Convict's Life Sentence In A 23-Yr-Old Murder Case

Live Law  

The Allahabad High Court on Wednesday set aside the life sentence of a murder convict in a case that dates back to the year 1998, after concluding that the testimony of the sole eye witness in the case isn't truthful on a material particular and is inconsistent as well.The Bench of Justice Manoj Misra and Justice Sameer Jain, in its …

Five gangsters acquitted of murder on police failure to present evidence
3 years, 3 months ago

Five gangsters acquitted of murder on police failure to present evidence

Hindustan Times  

Faridkot A local court acquitted five accused, gangsters Jagdeep Singh, alias Jaggu Bhagwanpuria; Sampat Nehra; Bharat Bhushan, alias Bhola Shooter; Haripal Singh and Deepak Kumar of murder charges, after the Punjab Police case fell flat in court. Sources said the failure of the state police to present evidence in the murder case of gangster Lavi Deora led to the acquittal. …

Witness Testimony Inconsistent With Medical Evidence : Supreme Court Alters Conviction For Murder
3 years, 3 months ago

Witness Testimony Inconsistent With Medical Evidence : Supreme Court Alters Conviction For Murder

Live Law  

The Supreme Court has converted the conviction of appellants from Murder to Voluntarily causing grievous hurt by dangerous weapons under the Indian Penal Code on the basis of inconsistencies between oral testimony of witnesses and medical evidence on record.A Bench of Justices L.Nageswara Rao and B.V.Nagarathna relied on Amar Singh v State of Punjab, wherein the. The Supreme Court has …

Criminal Trial- How To Prove Contradictions? Gauhati High Court Answers
3 years, 6 months ago

Criminal Trial- How To Prove Contradictions? Gauhati High Court Answers

Live Law  

The Gauhati High Court recently upheld the order of a trial court wherein it had rejected a plea on the ground that the defence side had failed to prove the contradictions of the witnesses in accordance with law. While examining the validity of such conclusion recorded by the learned trial court, the division bench of Justice Suman Shyam and Justice …

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 …

Bombay HC cites lack of evidence, acquits man convicted of rape, murder of child
4 years ago

Bombay HC cites lack of evidence, acquits man convicted of rape, murder of child

Hindustan Times  

The Bombay high court’s Aurangabad bench has acquitted a 34-year-old man sentenced to death for raping and murdering a child in 2017, saying a special court convicted him without conclusive evidence and cross-examination of the witnesses. During the trial, the police informed the special court that it had recovered a nylon rope used to kill the child from the man’s …

Suspicion, However Strong, Cannot Take the Place of Proof: Supreme Court
4 years, 1 month ago

Suspicion, However Strong, Cannot Take the Place of Proof: Supreme Court

News 18  

Suspicion, however strong, cannot take the place of proof, the Supreme Court has said, stressing that an accused is presumed to be innocent unless proved guilty beyond a reasonable doubt. There has to be a chain of evidence so complete as to show that in all human probability the act must have been done by the accused, a bench of …

Allahabad High Court Grants Bail To Murder Accused Incarcerated For 7 Yrs Without Production Of Any Evidence/ Witness Against Him
4 years, 1 month ago

Allahabad High Court Grants Bail To Murder Accused Incarcerated For 7 Yrs Without Production Of Any Evidence/ Witness Against Him

Live Law  

The Allahabad High Court recently granted bail to a murder accused, imprisoned since more than seven and a half years, without production of any material witness or evidence against him in the Trial Court. Even counter affidavit of the CBI is silent with regard to the time frame within which the said two witnesses are to be produced in the …

'Faulty Initial Investigation, Unskilled Prosecution, Lack of Involvement By Trial Judge' : Kerala High Court About Walayar Rape-Death Cases
4 years, 2 months ago

'Faulty Initial Investigation, Unskilled Prosecution, Lack of Involvement By Trial Judge' : Kerala High Court About Walayar Rape-Death Cases

Live Law  

While ordering re-trial in the Walayar rape-death cases, the Kerala High Court observed that the flaws in the initial investigation, unskilled prosecution and also the passive involvement of the trial judge led to the acquittal of all accused.The High Court even went to the extent of saying that such flaws cumulatively resulted in making the trial a "mock trial". While …

Delhi HC Sets Aside Conviction In Murder Case Observing That Testimony Of Sole Eye Witness Wasn't Reliable [Read Judgment]
5 years ago

Delhi HC Sets Aside Conviction In Murder Case Observing That Testimony Of Sole Eye Witness Wasn't Reliable [Read Judgment]

Live Law  

The Delhi High Court on Thursday set aside the conviction order of three convicts in a murder case dating back to 1998, while holding that the testimony of the sole eye-witness based on which the trial court had convicted them was not reliable. The judgment rendered by a division bench comprising of Justice C Hari Shankar and Justice Siddharth Mridul, …

[S.294CrPC] Once Genuineness Of Postmortem Report Is Admitted By Defense, It May Be Read As Substantive Evidence: Reiterates Allahabad HC [Read Judgment]
5 years, 2 months ago

[S.294CrPC] Once Genuineness Of Postmortem Report Is Admitted By Defense, It May Be Read As Substantive Evidence: Reiterates Allahabad HC [Read Judgment]

Live Law  

The Allahabad High Court has reiterated that where the defence has admitted the postmortem report submitted by the prosecution as genuine, the same may be read as substantive evidence. "If the defence has admitted the genuineness of the postmortem report before the trial court, the genuineness and veracity of the document stands proved and shall be treated as valid evidence …

Walayar case: Court finds holes in prosecution story
5 years, 4 months ago

Walayar case: Court finds holes in prosecution story

Deccan Chronicle  

THRISSUR: The judgment in the rape and suicide case of two minor sisters in Walayar acquitting the first accused V. Madu aka Valiya Madhu says the prosecution “miserably failed to prove the alleged offences against the accused beyond reasonable doubt.’ It was Madhu, a close relative of the minor sisters, whom the Investigation team had certain hope of getting a …

Ludhiana police’s contradictory statements lead to acquittal in murder case
5 years, 6 months ago

Ludhiana police’s contradictory statements lead to acquittal in murder case

Hindustan Times  

Finding several loopholes in the prosecution case, the Punjab and Haryana high court acquitted an accused convicted by Ludhiana sessions judge in a murder case in 2016. CURIOUS CASE OF THE KNIFE Head constable Amarjit Singh deposed that the accused had made a disclosure statement following which the knife was recovered. However, prosecution witness head constable Partap Singh deposed that …

Allahabad HC Acquits Man Sentenced To Death By Trial Court [Read Judgment]
5 years, 10 months ago

Allahabad HC Acquits Man Sentenced To Death By Trial Court [Read Judgment]

Live Law  

The Allahabad High Court has acquitted a couple in a murder case, one of whom was sentenced to death by the Trial Court. Rashid @ Zakir and his wife Shakila @ Bitta were accused of murdering three persons who were found killed in a factory where the couple used to live. "We further find from the prosecution case that it …

SC Acquits Two Men Sentenced To Death By Chhattisgarh HC [Read Judgment]
6 years ago

SC Acquits Two Men Sentenced To Death By Chhattisgarh HC [Read Judgment]

Live Law  

In yet another judgment delivered on Tuesday, the Supreme Court acquitted two men whose death sentence was confirmed by the Chhattisgarh High Court. Perusing the evidence on record, the bench noted that the case of prosecution mainly relied on the deposition made by the child witness. The bench said: "This Court has consistently held that evidence of a child witness …

Benefit Of Doubt Arising Out Of Inefficient Investigation Must Be Bestowed Upon The Accused: SC [Read Judgment]
6 years, 3 months ago

Benefit Of Doubt Arising Out Of Inefficient Investigation Must Be Bestowed Upon The Accused: SC [Read Judgment]

Live Law  

“The accused cannot be expected to relinquish his innocence at the hands of an inefficacious prosecution, which is ridden with investigative deficiencies.”The Supreme Court, affirming an acquittal in a murder case, has observed that benefit of doubt arising out of such inefficient investigation must be bestowed upon the accused.Four accused were convicted by the trial court for murdering. “The accused …

Trial Judge Must Ensure Diligent and Effective Defence Counsel for Accused in Murder Case
6 years, 10 months ago

Trial Judge Must Ensure Diligent and Effective Defence Counsel for Accused in Murder Case

Live Law  

The Allahabad High Court has observed that the trial court has a duty to ensure the availability of a diligent and effective defence counsel for the accused, even when there is a counsel representing him on record, but in fact is only a sham. The court held that the trial judge was duty bound to inform the accused that he …

Trial Court Has A Duty To Ensure Availability Of Diligent And Effective Defence Counsel For Accused: Allahabad HC [Read Judgment]
6 years, 10 months ago

Trial Court Has A Duty To Ensure Availability Of Diligent And Effective Defence Counsel For Accused: Allahabad HC [Read Judgment]

Live Law  

The presence of counsel on record means effective, genuine and faithful presence and not a mere farcical, sham or a virtual presence that is illusory, if not fraudulent, the court said.While ordering de novo trial in a murder case, the Allahabad High Court has observed that the trial court has a duty to ensure the availability of a diligent and …

Allahabad HC Upholds Death Sentence Of Man For Murdering His Own Kin, Including Octogenarian Parents [Read Judgment]
6 years, 10 months ago

Allahabad HC Upholds Death Sentence Of Man For Murdering His Own Kin, Including Octogenarian Parents [Read Judgment]

Live Law  

The dastardly act of wiping out the entire family therefore falls within the category of “rarest of rare cases” where passing of a death sentence is of greatest concern in order to keep the faith of people alive in the law of the land, the bench said.The Allahabad High Court has confirmed death sentence awarded to a man holding him …

Allahabad HC Upholds Death Sentence Of Man For Murdering His Own Kin, Including Octogenarian Parents [Read Judgment]
6 years, 10 months ago

Allahabad HC Upholds Death Sentence Of Man For Murdering His Own Kin, Including Octogenarian Parents [Read Judgment]

Live Law  

The dastardly act of wiping out the entire family therefore falls within the category of “rarest of rare cases” where passing of a death sentence is of greatest concern in order to keep the faith of people alive in the law of the land, the bench said.The Allahabad High Court has confirmed death sentence awarded to a man holding him …

Aarushi murder case: Allahabad HC chides CBI on domestic help Hemraj's murder theory
7 years, 5 months ago

Aarushi murder case: Allahabad HC chides CBI on domestic help Hemraj's murder theory

Deccan Chronicle  

Allahabad: The Allahabad High Court has castigated the CBI for its theory on the murder of domestic help Hemraj in the Aarushi murder case, saying it is an "impossible hypothesis" and "patently absurd". In its 273-page verdict acquitting dentists Nupur and Rajesh Talwar in the murder of their daughter Aarushi and Hemraj, it also said the prosecution "miserably failed" to …

Prosecution Needs To Establish Case Beyond All ‘Reasonable’ Doubts, Not All Doubts: SC [Read Judgment]
8 years, 4 months ago

Prosecution Needs To Establish Case Beyond All ‘Reasonable’ Doubts, Not All Doubts: SC [Read Judgment]

Live Law  

The rule regarding the benefit of doubt does not warrant acquittal of the accused by resorting to surmises, conjectures or fanciful considerations, the Bench said.The Supreme Court in Yogesh Singh Vs. Mahabeer Singh, has held that the burden on the prosecution is only to establish its case beyond all reasonable doubt and not all doubts and the rule regarding the …

Prosecution Needs To Establish Case Beyond All ‘Reasonable’ Doubts, Not All Doubts: SC [Read Judgment]
8 years, 4 months ago

Prosecution Needs To Establish Case Beyond All ‘Reasonable’ Doubts, Not All Doubts: SC [Read Judgment]

Live Law  

The rule regarding the benefit of doubt does not warrant acquittal of the accused by resorting to surmises, conjectures or fanciful considerations, the Bench said.The Supreme Court in Yogesh Singh Vs. Mahabeer Singh, has held that the burden on the prosecution is only to establish its case beyond all reasonable doubt and not all doubts and the rule regarding the …

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