Delay In Recording Witnesses’ Statements Can Be Fatal For Prosecution Case: SC [Read Judgment]
8 years, 4 months ago

Delay In Recording Witnesses’ Statements Can Be Fatal For Prosecution Case: SC [Read Judgment]

Live Law  

The Supreme Court in Harbeer Singh Vs. Sheeshpal, has observed that delay in recording of statements of the prosecution witnesses under Section 161 CrPC., although those witnesses were or could be available for examination when the Investigating Officer visited the scene of occurrence or soon thereafter, would cast a doubt upon the prosecution case.A bench comprising Justice Pinaki Chandra. The Supreme Court in Harbeer Singh Vs. Sheeshpal, has observed that delay in recording of statements of the prosecution witnesses under Section 161 CrPC., although those witnesses were or could be available for examination when the Investigating Officer visited the scene of occurrence or soon thereafter, would cast a doubt upon the prosecution case. A bench comprising Justice Pinaki Chandra Ghose and Justice Amitava Roy made this observation while upholding a Rajasthan High Court judgment, which had acquitted the accused in a murder case. Referring to Ganesh Bhavan Patel Vs. State Of Maharashtra, the court observed that though it is a well-settled law that delay in recording the statement of the witnesses does not necessarily discredit their testimony, but if those witnesses were or could be available for examination when the Investigating Officer visited the scene of occurrence or soon thereafter, and even then the delay has occurred, it would cast a doubt upon the prosecution case.

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History of this topic

Section 161 CrPC | Witness Statements Recorded During Probe Not Enough To Convict: Rajasthan HC Upholds 34-Yr-Old Murder Acquittal
1 week, 5 days ago

Section 161 CrPC | Witness Statements Recorded During Probe Not Enough To Convict: Rajasthan HC Upholds 34-Yr-Old Murder Acquittal

Live Law  

" This we need to keep in mind that the statement of the witnesses recorded in course of the investigation under Section 161 of the Code of Criminal Procedure cannot be a basis to convict the accused and that too for a serious offence of murder. Upholding a 1991 acquittal order of the sessions court, the Rajasthan High Court said …

Not An Isolated Incident But "Well-Orchestrated Racket": Rajasthan High Court Denies Bail To Eight Accused In Teacher Paper Leak Case
2 weeks, 3 days ago

Not An Isolated Incident But "Well-Orchestrated Racket": Rajasthan High Court Denies Bail To Eight Accused In Teacher Paper Leak Case

Live Law  

The Jodhpur bench of the Rajasthan High Court denied bail to all eight accused charged under IPC, Rajasthan Public Examination Act, 1992 and the Rajasthan Public Examination Amendment Act, 2022 in relation to paper leak of the examination for recruitment for Grade II Teachers. Given this evolving nature of the investigation, the premature release of any accused would not only …

Record In Warrant Cases | Non-Signing Of Witness's Deposition By Magistrate Will Be Fatal To Case: Punjab & Haryana HC
1 month ago

Record In Warrant Cases | Non-Signing Of Witness's Deposition By Magistrate Will Be Fatal To Case: Punjab & Haryana HC

Live Law  

The Punjab & Haryana High Court has said that non- signing of the deposition of the witnesses, by a Magistrate in a warrant case under Section 275 CrPC would be fatal to the case of the prosecution.Justice Harpreet Singh Brar said, "A bare perusal of the CrPC) provision indicates that any evidence taken by the jurisdictional Magistrate, in written. The …

Magistrate Has Discretion To Record Statement U/S 313 CrPC If Accused Has Not Examined Or Cross-Examined Witnesses: Karnataka High Court
1 month, 1 week ago

Magistrate Has Discretion To Record Statement U/S 313 CrPC If Accused Has Not Examined Or Cross-Examined Witnesses: Karnataka High Court

Live Law  

The Karnataka High Court has said that it is the discretion of the trial court to dispense with the accused statement under Section 313 of the Criminal Procedure Code if the accused does not avail of any opportunity for cross-examining the witness or lead any defence evidence. A single judge, Justice H P Sandesh dismissed the petition filed by Sunil …

S.482 CrPC | Criminal Proceedings Can Be Quashed Based On Witness Statements Only In Rare Circumstances To Avoid Injustice: Karnataka HC
1 month, 2 weeks ago

S.482 CrPC | Criminal Proceedings Can Be Quashed Based On Witness Statements Only In Rare Circumstances To Avoid Injustice: Karnataka HC

Live Law  

“ Such consideration of quashment of the proceedings, relying on the statement under Section 161 of the Cr.P.C. A single judge bench Justice M Nagaprasanna, which obliterated the cognizance order taken by Magistrate and remitted the matter back for fresh consideration said, The Karnataka High Court on Friday, while refusing to quash the proceeding initiated against former Chief Minister B …

Meticulous Examination Needed In Cases Where FIR Was Against Unknown Persons & Accused Are Not Known To Witnesses : Supreme Court
1 month, 2 weeks ago

Meticulous Examination Needed In Cases Where FIR Was Against Unknown Persons & Accused Are Not Known To Witnesses : Supreme Court

Live Law  

Emphasizing the need for meticulous examination in cases involving unidentified accused, the Supreme Court today overturned the conviction of two individuals in a case for bus robbery, citing major flaws in the police investigation and unreliable eyewitness identification. Setting aside the High Court's decision, the judgment authored by Justice Manoj Misra emphasized that in cases where the FIR is filed …

Madras HC Seeks Report From State On Lapses In Probing Criminal Cases, Delay In Prosecuting Offenders & Framing Witness Protection Scheme
2 months ago

Madras HC Seeks Report From State On Lapses In Probing Criminal Cases, Delay In Prosecuting Offenders & Framing Witness Protection Scheme

Live Law  

The Madras High Court has directed the State Government, the Director General of Police, the Commissioner of Police, Superintendent of Cuddalore Central Prison to submit a report regarding serious lapses in investigating pending criminal cases and subsequent delays in prosecuting offenders along with setting up a Witness Protection Scheme in the State. The court added that the dereliction of duty …

When will you frame witness protection scheme under BNSS, Madras HC asks T.N. govt.
2 months ago

When will you frame witness protection scheme under BNSS, Madras HC asks T.N. govt.

The Hindu  

The Madras High Court has directed the Home Secretary and Director General of Police to explain the enormous delay of nearly 10 years by the Tamil Nadu police in completing investigations, even in murder cases. On finding that almost all the criminal cases, including one for the charge of murder, against the detainee were still under investigation, despite them having …

'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 …

Sole Witness's Testimony Can Form Basis Of Conviction And Sentence If It Is Wholly Reliable: Jharkhand High Court Reaffirms
3 months ago

Sole Witness's Testimony Can Form Basis Of Conviction And Sentence If It Is Wholly Reliable: Jharkhand High Court Reaffirms

Live Law  

In a recent judgement, the Jharkhand High Court has reiterated that a conviction and sentence can be based on the testimony of a solitary witness if it inspires confidence and is wholly reliable. Finding weight in the argument advanced on behalf of the appellants, the division bench of Justice Ananda Sen and Justice Gautam Kumar Choudhary observed, “I find weight …

'Ensure Trials Aren't Delayed Due To Non-Production Of Accused' : Supreme Court Asks Maharashtra Govt & Bombay HC
3 months ago

'Ensure Trials Aren't Delayed Due To Non-Production Of Accused' : Supreme Court Asks Maharashtra Govt & Bombay HC

Live Law  

The Supreme Court granted bail under the Maharashtra Control of Organised Crime Act, 1999, citing prolonged incarceration and delay in trial due to the State's failure to produce the accused on most dates out of 102 dates in the last six years. The Court directed “the Registrar General of the High Court of Judicature at Bombay, Secretary, Home, State of …

Witness Statements Which Form Part Of Police Report Can Be Seen To Decide Quashing Plea: BS Yedurappa To Karnataka HC In POCSO Case
3 months ago

Witness Statements Which Form Part Of Police Report Can Be Seen To Decide Quashing Plea: BS Yedurappa To Karnataka HC In POCSO Case

Live Law  

Former Chief Minister B S Yediyurappa told the Karnataka High Court on Thursday that statements of witnesses collected during investigation which forms part of the police report can be looked into by the high court to decide a plea for quashing an offence. He said that the statements recorded under Sec 161 and 164 CrPC would form part of the …

Courts Must Avoid Premature Staying Or Quashing Of Criminal Trials At Preliminary Stage : Supreme Court
Trending News
3 months, 1 week ago

Courts Must Avoid Premature Staying Or Quashing Of Criminal Trials At Preliminary Stage : Supreme Court

Live Law  

The Supreme Court emphasized that courts should avoid prematurely staying or quashing criminal trials, as this could harm the evidence that needs to be presented during the trial. “Courts must avoid the premature staying or quashing of criminal trials at the preliminary stage since such a measure may cause great damage to the evidence that may have to be adduced …

Courts Must Avoid Premature Staying Or Quashing Of Criminal Trials At Preliminary Stage : Supreme Court
Trending News
3 months, 1 week ago

Courts Must Avoid Premature Staying Or Quashing Of Criminal Trials At Preliminary Stage : Supreme Court

Live Law  

The Supreme Court emphasized that courts should avoid prematurely staying or quashing criminal trials, as this could harm the evidence that needs to be presented during the trial. “Courts must avoid the premature staying or quashing of criminal trials at the preliminary stage since such a measure may cause great damage to the evidence that may have to be adduced …

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 …

S. 27 Evidence Act | Recovery Based On Statement By Accused Before Recording Of S.27 Disclosure Not Admissible : Supreme Court
3 months, 3 weeks ago

S. 27 Evidence Act | Recovery Based On Statement By Accused Before Recording Of S.27 Disclosure Not Admissible : Supreme Court

Live Law  

The Supreme Court held that an alleged recovery of incriminating materials based on a statement given by the accused en route the police station before the recording of the statement under Section 27 of the Indian Evidence Act at the police station is not admissible.The Court set aside the conviction of an accused in a murder case after noting that …

S. 27 Evidence Act | Recovery Based On Statement By Accused Before Recording Of S.27 Disclosure Not Admissible : Supreme Court
3 months, 3 weeks ago

S. 27 Evidence Act | Recovery Based On Statement By Accused Before Recording Of S.27 Disclosure Not Admissible : Supreme Court

Live Law  

The Supreme Court held that an alleged recovery of incriminating materials based on a statement given by the accused en route the police station before the recording of the statement under Section 27 of the Indian Evidence Act at the police station is not admissible.The Court set aside the conviction of an accused in a murder case after noting that …

Trial Not Concluded Within 60 Days From Day Fixed For Recording Evidence: Rajasthan High Court Cites S.480 BNSS To Grant Bail In Cheating Case
4 months, 1 week ago

Trial Not Concluded Within 60 Days From Day Fixed For Recording Evidence: Rajasthan High Court Cites S.480 BNSS To Grant Bail In Cheating Case

Live Law  

Rajasthan High Court has allowed the bail application of an accused charged under Sections 420 and 406 IPC, on grounds of Section 480 BNSS, since the trial did not conclude within sixty days from the date fixed for taking evidence in the case and the accused was in custody for more than two years. Section 480 BNSS provides that in …

Quality of Evidence, Not Number of Witnesses, Determines Credibility in Jharkhand High Court Ruling
4 months, 2 weeks ago

Quality of Evidence, Not Number of Witnesses, Determines Credibility in Jharkhand High Court Ruling

Live Law  

The Jharkhand High Court has ruled that the credibility of a witness's testimony depends not on the number of witnesses but on the quality of evidence presented. The court observed that oral evidence must be evaluated within the context of surrounding circumstances, and noted that the primary witness, the informant's wife, is a natural witness as she was the daughter-in-law …

High Court Rejects Plea to Provide One Opportunity for Disclosure in Framing of Charges Case
4 months, 3 weeks ago

High Court Rejects Plea to Provide One Opportunity for Disclosure in Framing of Charges Case

Live Law  

The Punjab & Haryana High Court has stated that after framing of charges, the prosecution must give only one opportunity of disclosure and the accused may choose to avail of this facility. The court also requires the prosecution to furnish only the list of statements, documents, material objects and exhibits, which are not relied upon by the investigating officer. The …

Can't Be Given Chance to Discredit Prosecution Documents: Supreme Court Rules in 294 CrPC Case
5 months ago

Can't Be Given Chance to Discredit Prosecution Documents: Supreme Court Rules in 294 CrPC Case

Live Law  

The Supreme Court has ruled that when a defence admits the genuineness of prosecution documents and dispenses with its formal proof, then such evidence may be read as substantive evidence under Section 294 of Cr.P.C. The bench comprising Justices Vikram Nath and Prasanna B. Varale said that after the prosecution's documents were admitted under Section 294 Cr.P.C. by the defence …

Can't Be Given Chance to Discredit Prosecution Documents: Supreme Court Rules in 294 CrPC Case
5 months ago

Can't Be Given Chance to Discredit Prosecution Documents: Supreme Court Rules in 294 CrPC Case

Live Law  

The Supreme Court has ruled that when a defence admits the genuineness of prosecution documents and dispenses with its formal proof, then such evidence may be read as substantive evidence under Section 294 of Cr.P.C. The court held that the defence's admission of the documents could not be used to discredit the prosecution's story, as the prosecution had already supported …

Even Appeal For Registering FIR Under SC/ST Act Will Have To Be Video Recorded: Bombay High Court
6 months, 2 weeks ago

Even Appeal For Registering FIR Under SC/ST Act Will Have To Be Video Recorded: Bombay High Court

Live Law  

In a significant ruling, the Bombay High Court recently held that even the proceedings in an appeal seeking to register a First Information Report under the stringent Scheduled Caste Scheduled Tribe Act, will be needed to be "video-recorded." In his September 3 order, Justice Marne noted that a division bench of the Bombay High Court has in the case of …

'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 …

Criminal Trial Is Voyage To Truth, Conviction Not The Objective: Karnataka HC Allows Murder Accused To Show Media Interviews At Trial To Confront Witness
8 months, 3 weeks ago

Criminal Trial Is Voyage To Truth, Conviction Not The Objective: Karnataka HC Allows Murder Accused To Show Media Interviews At Trial To Confront Witness

Live Law  

The Karnataka High Court has set aside an order passed by the trial court rejecting an application filed by a murder accused seeking permission to confront PW-1 by playing video footage recorded by the media in the presence of the Police Officers of witnesses when the deceased was brought to the government hospital after the incident. It was stated that …

Testimony Of Injured Witness Can Be Relied Upon Unless There Are Major Contradictions: Rajasthan High Court
9 months, 2 weeks ago

Testimony Of Injured Witness Can Be Relied Upon Unless There Are Major Contradictions: Rajasthan High Court

Live Law  

The Rajasthan High Court has reiterated that the testimony of an injured witness cannot be discarded merely because of minor discrepancies since he is not likely to spare the actual assailant in order to falsely implicate someone else. The bench of Justice Sudesh Bansal thus observed that the testimony of an injured witness is accorded a special status in law …

Prosecutrix's Testimony Concerning Factum Of Occurrence & Persons Involved Ought To Be Scrutinized Before Basing Conviction On It: J&K High Court
9 months, 2 weeks ago

Prosecutrix's Testimony Concerning Factum Of Occurrence & Persons Involved Ought To Be Scrutinized Before Basing Conviction On It: J&K High Court

Live Law  

Highlighting the importance of a consistent and credible narrative from the prosecutrix in rape cases the Jammu and Kashmir and Ladakh High Court has recently ruled that courts must undertake a rigorous scrutiny of a prosecutrix's testimony before reliance can be placed on it. Additionally, the investigating officer did not examine the victim's brother, who allegedly rescued her, or the …

S.145 Evidence Act | Witness Not Expected To Accurately Recall Sequence Of Rapid Events, Minor Errors In Testimony Not Contradiction: Kerala HC
9 months, 2 weeks ago

S.145 Evidence Act | Witness Not Expected To Accurately Recall Sequence Of Rapid Events, Minor Errors In Testimony Not Contradiction: Kerala HC

Live Law  

The Kerala High Court has reiterated that Section 162 of Code of Criminal Procedure enables the accused to use the statement of a witness to contradict him in the manner provided by Section 145 of the Indian Evidence Act only. The second part of Section 145 says that when a statement is used to contradict a witness, his attention must …

'Witnesses Cannot Be Expected To Present Parrot-Like Version Before Trial Court': Punjab & Haryana High Court Upholds Conviction In Murder Case
9 months, 3 weeks ago

'Witnesses Cannot Be Expected To Present Parrot-Like Version Before Trial Court': Punjab & Haryana High Court Upholds Conviction In Murder Case

Live Law  

The Punjab & Haryana High Court has upheld the conviction in a murder case observing that the witnesses cannot be expected to present parrot-like version to the Trial Court.The Court rejected the "various inconsistencies appearing in the testimonies" of witnesses contended by the accused.Justice Gurvinder Singh Gill and Justice N.S. The Punjab & Haryana High Court has upheld the conviction …

Conviction Can't Be Set Aside Merely Because Prosecution Witness Turned Hostile: Supreme Court
10 months, 2 weeks ago

Conviction Can't Be Set Aside Merely Because Prosecution Witness Turned Hostile: Supreme Court

Live Law  

The Supreme Court on Wednesday held that the evidence of a prosecution witness cannot be rejected in toto merely because the prosecution chose to treat him as hostile and cross-examined him. Affirming the decision of the High Court and Trial Court, the bench comprising Justices BR Gavai and Sandeep Mehta declined to aside the conviction of the accused merely because …

Departmental Proceedings And Proceedings In Criminal Case Can Proceed Simultaneously: CAT Jabalpur
10 months, 2 weeks ago

Departmental Proceedings And Proceedings In Criminal Case Can Proceed Simultaneously: CAT Jabalpur

Live Law  

The Central Administrative Tribunal, Jabalpur bench of Justice Akhil Kumar Srivastava and Kumar Rajesh Chandra held that departmental proceedings and proceedings in criminal case can proceed simultaneously, as there is no bar in their being conducted simultaneously, though separately. Subsequently, two criminal cases were filed against the Applicant, and following a departmental inquiry, the Disciplinary Authority ordered the Applicant's dismissal …

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

Live Law  

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 …

[Actress Assault Case] Kerala High Court Directs Sessions Judge To Provide Copies Of Statements Of Persons Examined During Inquiry To Survivor
11 months, 1 week ago

[Actress Assault Case] Kerala High Court Directs Sessions Judge To Provide Copies Of Statements Of Persons Examined During Inquiry To Survivor

Live Law  

The Kerala High Court today directed the Ernakulam District and Sessions Judge to give the survivor in the actress sexual assault case, involving Malayalam actor Dileep copies of statements of persons examined during the fact-finding inquiry. The Sessions judge is directed to henceforth issue copies of statements of persons who were examined in the inquiry,” stated the Court The Court …

S.27 Evidence Act | To Use Statement Of Accused On Fact Discovery, Prosecution Must Establish No One Else Had Information About It : Supreme Court
11 months, 1 week ago

S.27 Evidence Act | To Use Statement Of Accused On Fact Discovery, Prosecution Must Establish No One Else Had Information About It : Supreme Court

Live Law  

To convict an accused based on the statements made under Section 27 of the Evidence Act, the Supreme Court observed that the prosecution must establish the fact that the discovery of the evidence based on the statement made by the accused under Section 27 of the Evidence Act must not be known to anyone before the information was given by …

Examination In Chief Of Witnesses Without Recording Their Cross-Examination Is Contrary To Law: Supreme Court
11 months, 3 weeks ago

Examination In Chief Of Witnesses Without Recording Their Cross-Examination Is Contrary To Law: Supreme Court

Live Law  

The Supreme Court observed that recording only the examination in chief of witnesses without recording their cross-examination is contrary to the law. While the Top Court was hearing the case, it was apprised that the Trial Court recorded the examination-in-chief of 12 prosecution witnesses one after the other on different dates without recording their cross-examination. “Before recording the examination-in-chief of …

S. 273 CrPC | Witness Evidence Can Be Recorded Before Accused's Counsel, Even When Accused Exempted From Personal Appearance: Kerala High Court
1 year, 2 months ago

S. 273 CrPC | Witness Evidence Can Be Recorded Before Accused's Counsel, Even When Accused Exempted From Personal Appearance: Kerala High Court

Live Law  

In a recent decision by the Kerala High Court, a single judge bench of Justice Gopinath clarified that “evidence of witnesses can be recorded in the presence of the counsel for the accused even in situations where the court grants exemption from personal appearance to the accused even of a day”. The court examined Section 273 which states that, “Except …

Supreme Court Annual Digest 2023- Indian Evidence Act, 1872
1 year, 2 months ago

Supreme Court Annual Digest 2023- Indian Evidence Act, 1872

Live Law  

Absconding Effects of Absconding - Mere absconding by itself cannot constitute a sole factor to convict a person. 2023 LiveLaw 814 Law with regard to conviction based upon circumstantial evidence - Circumstances from which the conclusion of guilt is to be drawn should be fully established - Circumstances concerned “must or should” and not “may be” established - There is …

'Yawning Gap In Evidence' : Supreme Court Finds Conviction Wrong In 2004 Murder Case; Sets Aside Concurrent Findings Of HC & Trial Court
1 year, 2 months ago

'Yawning Gap In Evidence' : Supreme Court Finds Conviction Wrong In 2004 Murder Case; Sets Aside Concurrent Findings Of HC & Trial Court

Live Law  

The Supreme Court has observed that when the prosecution case is solely based on the circumstantial evidence, then the courts must be vigilant while examining the facts proving the circumstantial evidence i.e., it must be consistent with the hypothesis of the guilt of the accused and should be free from doubts, improbabilities and inconsistencies. Reversing the concurrent findings of the …

Recording of Prosecutrix's Testimony Through Two-Way Video Conferencing Not Adverse, No Denial Of Right To Fair Trial Of Accused: Delhi High Court
1 year, 3 months ago

Recording of Prosecutrix's Testimony Through Two-Way Video Conferencing Not Adverse, No Denial Of Right To Fair Trial Of Accused: Delhi High Court

Live Law  

The Delhi High Court has observed that recording of testimony of a prosecutrix in sexual assault cases through “two-way video conferencing facility” is not adverse nor does it amount to denial of accused's right to fair trial or effective cross-examination. “This Court is of the view that the facility of video-conferencing through which the testimony of the prosecutrix can be …

Testimony Of Sole Eyewitness Who Is The Complainant Needs Examination With Great Caution : Supreme Court
1 year, 3 months ago

Testimony Of Sole Eyewitness Who Is The Complainant Needs Examination With Great Caution : Supreme Court

Live Law  

Recently, the Supreme Court, observed that in a case where the appellant/complainant was an interested sole eyewitness being the father of the deceased and had long enmity with the accused persons, his testimony has to be examined with great caution. The Bench of Justices Abhay S. Oka and Pankaj Mithal made these observations while affirming the impugned order of the …

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 …

Two years of Lakhimpur Kheri violence but justice eludes victims
1 year, 5 months ago

Two years of Lakhimpur Kheri violence but justice eludes victims

New Indian Express  

Currently, the main accused, Ashish Mishra, the son of Bharatiya Janata Party leader and Union minister Ajay Mishra, is out on bail. Ashish was arrested on October 9, six days after violence broke out during a farmers’ protest against three agri-reform laws and the then UP deputy chief minister Keshav Prasad Maurya’s visit to the area. Additional district judge Sunil …

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 …

Section 162 CrPC Does Not Prevent A Trial Court From Putting Questions To Witnesses Suo Motu To Contradict Them : Supreme Court
1 year, 6 months ago

Section 162 CrPC Does Not Prevent A Trial Court From Putting Questions To Witnesses Suo Motu To Contradict Them : Supreme Court

Live Law  

The Supreme Court observed that Section 162 CrPC does not affect a Court's power to look into documents or put questions to witnesses suo motu to contradict them. "There is in our opinion nothing in Section 162 of the CrPC which prevents a Trial Judge from looking into the papers of the chargesheet suo motu and himself using the statement …

Abkari Act- Person Receiving Information Of Crime Or Detecting The Occurrence Can Investigate It: Supreme Court
1 year, 7 months ago

Abkari Act- Person Receiving Information Of Crime Or Detecting The Occurrence Can Investigate It: Supreme Court

Live Law  

While upholding a conviction under the Kerala Abkari Act, the Supreme Court observed that the testimonies of official witnesses can not be discarded simply because independent witnesses were not examined. "The person receiving the information of the crime or detecting the occurrence thereof, can investigate the same", the bench of Justices Abhay S Oka and Sanjay Karol observed.In this case,. …

Rape Survivor's Testimony Not To Be Discredited For Delayed Disclosure If Otherwise Reliable: Kerala High Court
1 year, 7 months ago

Rape Survivor's Testimony Not To Be Discredited For Delayed Disclosure If Otherwise Reliable: Kerala High Court

Live Law  

The Kerala High Court recently observed that the evidence provided by a prosecutrix under Section 376 IPC should not be discredited merely because the sexual abuse began when she was a child but she did not disclose it until she was much older. A Division Bench of Justice P.B Suresh and Justice C.S Sudha added that the credibility of the …

Discrepancies In Witness Statements Can Be Fatal To Prosecution In Politically Charged Situations: Kerala High Court
1 year, 7 months ago

Discrepancies In Witness Statements Can Be Fatal To Prosecution In Politically Charged Situations: Kerala High Court

Live Law  

The Kerala High Court recently observed that glaring discrepancies in the witness statements become significant in politically charged situations and that they cast doubt on the credibility of the prosecution case. They claimed the prosecution case was influenced by political rivalry, and highlighted significant discrepancies and embellishments in the witnesses' accounts to support their arguments. In this case, the doubts …

Beant Singh assasination case: Jagtar Singh Hawara seeks in-person appearance for 2 trials in UT
1 year, 10 months ago

Beant Singh assasination case: Jagtar Singh Hawara seeks in-person appearance for 2 trials in UT

Hindustan Times  

Counsel for Jagtar Singh Hawara, who is serving a life term in Delhi’s Tihar Jail for the assassination of former Punjab chief minister Beant Singh, has filed a plea in a local court here, seeking that the accused be produced in the court in person and not via video-conferencing during his trial. Hawara is facing trials in two cases registered …

S.311 CrPC Asserts Power Of Courts To Recall & Summon Witnesses Even After Closure Of Evidence In Criminal Proceedings: Jammu & Kashmir High Court
1 year, 11 months ago

S.311 CrPC Asserts Power Of Courts To Recall & Summon Witnesses Even After Closure Of Evidence In Criminal Proceedings: Jammu & Kashmir High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has recently reiterated that power of the court under Section 311 CrPC to recall any witness or witnesses already examined or to summon any witness can be invoked even if the evidence in both sides is closed, so long as the court retains seisin of the criminal proceedings. The High Court observed …

Evidence Of Injured Witness Has Greater Evidentiary Value, Their Statements Can’t Be Discarded Lightly: Supreme Court
1 year, 11 months ago

Evidence Of Injured Witness Has Greater Evidentiary Value, Their Statements Can’t Be Discarded Lightly: Supreme Court

Live Law  

While dismissing the appeal pleas of two murder convicts, the Supreme Court of India reiterated certain important principles on the appreciation of oral evidence of injured eye witnesses during the trial stage. “The evidence of injured witness has greater evidentiary value and unless compelling reasons exist, their statements are not to be discarded lightly”, a Bench of Justices Sudhanshu Dulia …

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