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 High Court setting aside the conviction of accused persons. “It may not be out of context to mention that the appellant/complainant, a sole eyewitness, happens to be the most interested witness being the father of the deceased and having long enmity with the group to which the accused persons belong, therefore, his testimony was to be examined with great caution and the High Court was justified in doing so and in doubting it so as to uphold the conviction on his solitary evidence.” In the instant case, there was a serious enmity between the two rival groups since 1986. In this respect, the Court added: “The statement that he could not do so on account of the threats extended by the accused persons appears to be a bald statement as no one in a situation where his son is being assaulted and carried away would remain a mere spectator.” Apart from this, the Court also noted that as per the appellant's statement in the FIR, the accused assaulted his son with a knife and iron rod.

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History of this topic

Delay In Recording Witness Statements Under Section 161/164 CrPC Not Fatal If There Is Adequate Explanation : Supreme Court
4 days, 3 hours ago

Delay In Recording Witness Statements Under Section 161/164 CrPC Not Fatal If There Is Adequate Explanation : Supreme Court

Live Law  

The Supreme Court held that a delay in recording an eyewitness's testimony would not draw an adverse inference against the prosecution's case if the delay is adequately explained. They referred to the case of Ganesh Bhavan Patel v State of Maharashtra, 4 SCC 371 to argue that the delay caused in their examination is always fatal to the prosecution's case. …

Section 161 CrPC | Witness Statements Recorded During Probe Not Enough To Convict: Rajasthan HC Upholds 34-Yr-Old Murder Acquittal
2 weeks, 3 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 …

Telangana Legal Briefs | Advocate acquitted in murder case
1 month, 1 week 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 …

'Even Person Accused Of Heinous Crimes Entitled To Basic Protection Of Law' : Supreme Court Sets Aside Death Penalty For Lack Of Fair Trial
1 month, 1 week ago

'Even Person Accused Of Heinous Crimes Entitled To Basic Protection Of Law' : Supreme Court Sets Aside Death Penalty For Lack Of Fair Trial

Live Law  

The Supreme Court recently set aside the death sentence of a man accused of killing his wife and 12-year-old daughter, after noting that he was denied a fair trial guaranteed under Article 21 of the Constitution. A bench comprising Justices Vikram Nath, Sanjay Karol, and Sandeep Mehta allowed the man's appeal, overturning the Allahabad High Court's decision that had convicted …

Ex Congress Leader Sajjan Kumar Convicted in 1984 Anti-Sikh Riots Case
1 month, 2 weeks ago

Ex Congress Leader Sajjan Kumar Convicted in 1984 Anti-Sikh Riots Case

Deccan Chronicle  

A Delhi court on Wednesday convicted former Congress MP Sajjan Kumar of murder in a 1984 anti-Sikh riots case, declaring him part of an unlawful assembly responsible for the deaths of Jaswant Singh and his son Tarundeep Singh. Special Judge Kaveri Baweja, who pronounced the verdict, said that Kumar, having instigated and led the mob, could face the death penalty …

Meticulous Examination Needed In Cases Where FIR Was Against Unknown Persons & Accused Are Not Known To Witnesses : Supreme Court
1 month, 3 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 …

Victim's Solitary Evidence In Sexual Offences Not Sufficient For Conviction If Marred With Inconsistencies: Jammu & Kashmir High Court
1 month, 3 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
2 months 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 …

Non-Recovery Of Crime Weapon Not Fatal To Prosecution Case If There Are Direct Reliable Witnesses : Supreme Court
Trending News
2 months, 2 weeks ago

Non-Recovery Of Crime Weapon Not Fatal To Prosecution Case If There Are Direct Reliable Witnesses : Supreme Court

Live Law  

The Supreme Court, in its judgment dated January 10, reiterated that the non-recovery of the weapon of crime is not fatal to the prosecution case, if there are direct reliable witnesses. They also stated that the seizure was not preceded by any enquiry by the police “What is important to note is that these two witnesses, however, did admit putting …

Non-Recovery Of Crime Weapon Not Fatal To Prosecution Case If There Are Direct Reliable Witnesses : Supreme Court
Trending News
2 months, 2 weeks ago

Non-Recovery Of Crime Weapon Not Fatal To Prosecution Case If There Are Direct Reliable Witnesses : Supreme Court

Live Law  

The Supreme Court, in its judgment dated January 10, reiterated that the non-recovery of the weapon of crime is not fatal to the prosecution case, if there are direct reliable witnesses. They also stated that the seizure was not preceded by any enquiry by the police “What is important to note is that these two witnesses, however, did admit putting …

Trial Court Passes Common Verdict Against Multiple Accused By Reviewing Order For Separate Trial In Murder Case, Punjab & Haryana HC Sets Aside Conviction
2 months, 2 weeks ago

Trial Court Passes Common Verdict Against Multiple Accused By Reviewing Order For Separate Trial In Murder Case, Punjab & Haryana HC Sets Aside Conviction

Live Law  

The Punjab & Haryana High Court set aside the conviction in a murder case against multiple accused persons wherein the Trial Court gave a common verdict after reviewing its earlier order directing to try them separately. Justice Sureshwar Thakur and Justice Sudeepti Sharma said, "when the earlier passed order by the then learned Additional Sessions Judge, Rewari, on 02.07.2001, wherebys, …

Accused Cannot Claim Acquittal On Ground Of Faulty Investigation : Supreme Court
2 months, 3 weeks ago

Accused Cannot Claim Acquittal On Ground Of Faulty Investigation : Supreme Court

Live Law  

The Supreme Court held that the accused cannot claim acquittal solely on grounds of faulty investigation. It has been a consistent stand of this court that the accused cannot claim acquittal on the ground of faulty investigation done by the prosecuting agency.,'' held Justices Sudhanshu Dhulia and Prasanna B. Varale. Another important principle discussed by the Court was “falsus in …

[Custodial Death] Madhya Pradesh HC Directs Shifting Of Eye-Witness To Gwalior Central Jail After Allegations Of Harassment By Police
3 months ago

[Custodial Death] Madhya Pradesh HC Directs Shifting Of Eye-Witness To Gwalior Central Jail After Allegations Of Harassment By Police

Live Law  

While hearing a case claiming police brutality inside jail premises, the Gwalior bench of the Madhya Pradesh High Court directed the shifting of a man to another jail, who is stated to be the "eye witness" to the alleged custodial death of another person, during the pendency of his case. A single-judge bench of Justice Milind Ramesh Phadke in his …

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 …

Attempt To Murder Case: Allahabad High Court Delivers Split Verdict In Appeal Against Acquittal Of Rebel SP MLA
3 months, 1 week 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 …

While Acquitting, Court Cannot Order Re-Investigation Against Acquitted Accused For Same Offence : Supreme Court
3 months, 1 week ago

While Acquitting, Court Cannot Order Re-Investigation Against Acquitted Accused For Same Offence : Supreme Court

Live Law  

The Supreme Court today ruled that a Court, while acquitting the accused, cannot order that he must be subjected to re-investigation for the same offence. The Court set aside the Madras High Court decision which directed a de-novo investigation against the accused for offences in which he was already acquitted, stating that it would amount to a violation of the …

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

Motive Need Not Be Proved When Prosecution Case Is Proved By Credible Eye-Witness: Punjab & Haryana HC Upholds Conviction For Double Murder
4 months, 1 week ago

Motive Need Not Be Proved When Prosecution Case Is Proved By Credible Eye-Witness: Punjab & Haryana HC Upholds Conviction For Double Murder

Live Law  

The Punjab and Haryana High Court upheld the conviction in a double murder case wherein the convict was sentenced to life for shooting his mother-in-law and brother-in-law dead in 2012.Justice Sureshwar Thakur and Justice Sudeepti Sharma said, "the non proof of motive by the prosecution looses its vigour, thus on the ground, that the motive may be required to be …

Identification Of Accused By Eye-Witness Not Known To Him In Court Without Test Identification Parade Not Credible: Punjab & Haryana HC
4 months, 1 week ago

Identification Of Accused By Eye-Witness Not Known To Him In Court Without Test Identification Parade Not Credible: Punjab & Haryana HC

Live Law  

The Punjab and Haryana High Court has acquitted a murder case convict after finding that the prosecution case was not reliable and the testimony of eye-witness was not credible.Justice Sureshwar Thakur and Justice Sudeepti Sharma said the the eyewitness account who is unknown to the accused is not credible if he directly identified him in the Court, without prior test …

Allahabad High Court Acquits Convict In 1981 Murder Case By According Benefit Of Doubt
4 months, 2 weeks ago

Allahabad High Court Acquits Convict In 1981 Murder Case By According Benefit Of Doubt

Live Law  

The Allahabad High Court last week acquitted one Ram Krishna, who was convicted for the offence of murder by a Sessions Court in March 1983 and sentenced to life imprisonment by giving him the benefit of the doubt. In its 11-page order, relying upon the Supreme Court's ruling in the case of Harchand Singh & Anr vs State Of Haryana …

S.60 Indian Evidence Act | Person Who Has Seen Or Heard A Fact Can Be Said To Provide Direct Evidence: Jharkhand High Court
4 months, 2 weeks ago

S.60 Indian Evidence Act | Person Who Has Seen Or Heard A Fact Can Be Said To Provide Direct Evidence: Jharkhand High Court

Live Law  

The Jharkhand High Court has upheld the murder conviction of a constable, emphasising the reliability of direct evidence under Section 60 of the Evidence Act. His testimony is corroborated by the attending circumstance of the appellant being arrested soon after the incidence.” “Under Section 60 of the Evidence Act, a person who has seen or heard a fact, can be …

Making daughter-in-law sleep on carpet, prohibiting TV not cruelty: High Court
4 months, 2 weeks ago

Making daughter-in-law sleep on carpet, prohibiting TV not cruelty: High Court

India Today  

The Aurangabad bench of the Bombay High Court overturned a 20-year-old conviction against a man and his family for alleged cruelty towards his late wife. The court found that accusations of taunting her, not letting her watch TV, forbidding her from visiting the temple alone, and making her sleep on a carpet did not amount to “severe” actions under Section …

Supreme Court Rules in Favor of Accused in Murder Case, Holding That Silence and False Explanations Can Be Admissible Evidence
5 months ago

Supreme Court Rules in Favor of Accused in Murder Case, Holding That Silence and False Explanations Can Be Admissible Evidence

Live Law  

The Supreme Court has affirmed the High Court's decision in a criminal appeal filed by an accused against the acquittal of the accused in a murder case. The court held that when the offence was committed in the presence of the accused presence in the privacy of their house, then their failure to offer explanations can be treated as an …

Supreme Court Rules in Favor of Accused in House Robbery Case, Holding That Silence is an Adverse Circumstance
5 months ago

Supreme Court Rules in Favor of Accused in House Robbery Case, Holding That Silence is an Adverse Circumstance

Live Law  

The Supreme Court has observed that when the offence was committed in the presence of the accused in the privacy of their house, then their failure to offer explanations can be treated as an adverse circumstance against them as per Section 106 of the Indian Evidence Act, 1872. The court held that the presence of the accused at the time …

HC issues notices to accused, CBI after Dabholkar’s daughter challenges order of acquittal
7 months, 1 week ago

HC issues notices to accused, CBI after Dabholkar’s daughter challenges order of acquittal

The Hindu  

The Bombay High Court on Wednesday issued notices to all the accused and the Central Bureau of Investigation while hearing a petition filed by Mukta Dabholkar challenging a sessions court judgment acquitting three persons accused of killing her father and rationalist Narendra Dabholkar. Ms. Mukta’s plea contended that the sessions court order failed to consider evidence that “establishes beyond reasonable …

'Major Contradictions In Statements Of Police/ Eyewitnesses': Allahabad HC Acquits 3 Murder Accused In 23 Year Old Case
7 months, 4 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 …

Orissa High Court Upholds Conviction & Life Term Of Man For Committing Murder Of Mother & 18-Day-Old Brother
8 months, 1 week ago

Orissa High Court Upholds Conviction & Life Term Of Man For Committing Murder Of Mother & 18-Day-Old Brother

Live Law  

The Orissa High Court has upheld the conviction and life imprisonment of man who was found guilty for commission of murder of his mother and 18-days-old infant brother. Rejecting the plea of insanity advanced by the appellant, the Division Bench of Justice Sangam Kumar Sahoo and Justice Chittaranjan Dash observed – “Key pieces of evidence, including the consistent testimonies of …

Court acquits two after Mohali police fail to prove snatching case
9 months, 2 weeks ago

Court acquits two after Mohali police fail to prove snatching case

Hindustan Times  

After Mohali police’s failure to prove two persons guilty for snatching a woman’s gold chain in Kurali, a local court acquitted the persons who were arrested last year. Police later apprehended the accused at a check post laid near Niholka Road, Kurali, and recovered the complainant’s gold chain. The accused’s counsel Jaswinder Singh vehemently argued that the prosecution miserably failed …

Testimony Of Injured Witness Can Be Relied Upon Unless There Are Major Contradictions: Rajasthan High Court
9 months, 3 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, 3 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 …

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

'Witnesses Cannot Be Expected To Present Parrot-Like Version Before Trial Court': Punjab & Haryana High Court Upholds Conviction In Murder Case
9 months, 4 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 …

Why Ram Rahim Singh Was Acquitted In 2002 Murder Case? Punjab & Haryana High Court Belies Polygraph Test, Says CBI Coerced Key Witness
10 months ago

Why Ram Rahim Singh Was Acquitted In 2002 Murder Case? Punjab & Haryana High Court Belies Polygraph Test, Says CBI Coerced Key Witness

Live Law  

In its 163-page judgment, the Punjab and Haryana High Court today acquitted Dera Sacha Sauda chief Gurmeet Ram Rahim Singh and four others who were sentenced to life imprisonment by a CBI court in the 2002 Ranjit Singh murder case.A division bench of Justice Sureshwar Thakur and Justice Lalit Batra found the CBI, which took over the probe in November …

Absence Of Motive Becomes Less Significant When Prosecution Relies On Strong Eyewitness Account: J&K High Court
10 months ago

Absence Of Motive Becomes Less Significant When Prosecution Relies On Strong Eyewitness Account: J&K High Court

Live Law  

Underscoring the principle that the absence of a proven motive can be inconsequential if the eyewitness testimony is credible the Jammu and Kashmir and Ladakh High Court has clarified that the absence of motive becomes less significant when the prosecution relies on a strong eyewitness account. Meticulously examining the prosecution's evidence the bench noted several critical shortcomings key among these …

Karnataka High Court Convicts Son For Assaulting 60 Yr-Old Mother Leading To Her Death, Says Deceased Had No Reason To Falsely Implicate Her Son
10 months, 1 week ago

Karnataka High Court Convicts Son For Assaulting 60 Yr-Old Mother Leading To Her Death, Says Deceased Had No Reason To Falsely Implicate Her Son

Live Law  

The Karnataka High Court recently set aside an acquittal order passed by the trial court and convicted a son for offences under section 304 of the Indian Penal Code, for assaulting and causing the death of his 60-year-old mother. The bench said “The holistic appreciation of the evidence shows that the prosecution discharged its burden of proving that the victim …

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 …

Soumya Vishwanathan murder case: The story so far
11 months ago

Soumya Vishwanathan murder case: The story so far

The Hindu  

The Supreme Court on April 22 issued notice in a petition filed by Madhavi Vishwanathan, mother of murdered television journalist Soumya Vishwanathan, against the bail granted to four men convicted in the case. In February, the Delhi High Court granted bail to convicts — Ravi Kapoor, Amit Shukla, Baljeet Malik and Ajay Kumar during the pendency of their appeals against …

Lakhimpur Kheri Case| Supreme Court Asks UP Police & Prosecutor To Ensure Presence Of Witnesses To Avoid Delay In Trial
11 months, 1 week ago

Lakhimpur Kheri Case| Supreme Court Asks UP Police & Prosecutor To Ensure Presence Of Witnesses To Avoid Delay In Trial

Live Law  

The Supreme Court, while hearing Ashish Mishra's bail plea in connection with the Lakhimpur Kheri incident, observed in its order that the public prosecutor and the local police need to take effective steps to ensure the presence of witnesses during Ashish Mishra's trial in connection with the Lakhimpur Kheri incident. Today, Senior Advocate Siddhartha Dave, appearing for Mishra, apprised the …

Judicial officers should not identify rape victims during trial: Orissa High Court
11 months, 3 weeks ago

Judicial officers should not identify rape victims during trial: Orissa High Court

New Indian Express  

CUTTACK: Expressing serious displeasure over disclosure of identity of a minor rape victim in the deposition sheet at a trial court, a single judge bench of the Orissa High Court has directed the Registry, with the permission of Chief Justice, to circulate his judgment specifying the norms among the subordinate judiciary while dealing with such cases. The single judge bench …

[T P Chandrasekharan Murder] Kerala High Court Upholds Conviction Of Accused, Sets Aside Acquittal Of Two
1 year, 1 month ago

[T P Chandrasekharan Murder] Kerala High Court Upholds Conviction Of Accused, Sets Aside Acquittal Of Two

Live Law  

The Kerala High Court has today confirmed the conviction of the accused in the murder of T P Chandrasekharan under Section 302 and Section 120B. The Division Bench comprising Justice A.K.Jayasankaran Nambiar and Justice Kauser Edappagath while confirming the conviction held thus: “We sustain the conviction Of Anoop, Manoj Kumar @ Kirmani Manoj, N.K.Sunil Kumar @ Kodi Suni, Rajeesh Thondikkandi …

SC denies bail to alleged member of Sikhs for Justice in UAPA case
1 year, 1 month ago

SC denies bail to alleged member of Sikhs for Justice in UAPA case

New Indian Express  

NEW DELHI: The Supreme Court has denied bail to an alleged Khalistani separatist, Gurwinder Singh, who is purported to be a member of banned outfit 'Sikhs for Justice', after noting that prima facie his complicity in preparation for a terrorist act could not be ruled out. The National Investigation Agency had registered a case and probing the alleged role of …

Mere 'Absconding' Not Conclusive Proof Of Guilt Against Accused In Cases Of Murder: Orissa High Court
1 year, 2 months ago

Mere 'Absconding' Not Conclusive Proof Of Guilt Against Accused In Cases Of Murder: Orissa High Court

Live Law  

The Orissa High Court has clarified that merely because an accused person absconded, he cannot be held guilty of the alleged crime and in cases of grave crimes like murder, the solitary conduct of the accused in absconding may not be given undue weightage ignoring other factors. So far as the 'last seen theory' is concerned, the Court observed that …

'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 …

Four Conditions To Invoke Section 27 Of Indian Evidence Act : Supreme Court Explains
1 year, 2 months ago

Four Conditions To Invoke Section 27 Of Indian Evidence Act : Supreme Court Explains

Live Law  

The Supreme Court, in a crucial judgment with respect to section 27 of the Evidence Act, reiterated the three conditions to invoke this provision. Additionally, it must be noted that, in the present case, the Court clarified that discovery of fact also includes knowledge of the accused person. “However, we must clarify that Section 27 of the Evidence Act, as …

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 …

[S.27 Arms Act] Mere Recovery Of Weapon Based On Accused's Confession Insufficient, Ballistic Expert Opinion Vital: Patna High Court
1 year, 5 months ago

[S.27 Arms Act] Mere Recovery Of Weapon Based On Accused's Confession Insufficient, Ballistic Expert Opinion Vital: Patna High Court

Live Law  

The Patna High Court while overturning the convictions of eight individuals in a murder case, has opined that the mere discovery of weapons, specifically pistols and cartridges, based on the confessions of the accused, without the input of a ballistic expert, was insufficient to establish the charge under Section 27 of the Arms Act. Moreover, there was no attempt made …

42 Yrs After Alleged Incident, Patna High Court Sets Aside Rioting, Murder Convictions Citing "Perfunctory" Examination Of Accused U/S 313 CrPC
1 year, 6 months ago

42 Yrs After Alleged Incident, Patna High Court Sets Aside Rioting, Murder Convictions Citing "Perfunctory" Examination Of Accused U/S 313 CrPC

Live Law  

The Patna High Court has set aside a 27 year old rioting and murder convictions qua six persons, while underscoring the significance of conducting a thorough and impartial inquiry of the accused as per Section 313 of the Cr.P.C. Therefore, while examining the accused, trial Court should be mindful of the object underlying this provision.” “the non-examination of the Investigating …

Day-To-Day Bickering Between Husband & Wife Not ‘Cruelty’ Under Section 498A IPC: Calcutta High Court
1 year, 6 months ago

Day-To-Day Bickering Between Husband & Wife Not ‘Cruelty’ Under Section 498A IPC: Calcutta High Court

Live Law  

The Calcutta High Court’s Circuit Bench at Jalpaiguri has recently held that cruelty contemplated u/s 498A would be different from general matrimonial disturbances faced by a couple, and that general allegations could not be made to establish a crime u/s 498A. In upholding the appellant’s conviction u/s 323 IPC for voluntarily causing hurt to his wife, while discharging him u/s …

Section 149 IPC | Cannot Expect Witness To Speak About Specific Overt Act By Each Accused With Graphic Detail : Supreme Court
1 year, 7 months ago

Section 149 IPC | Cannot Expect Witness To Speak About Specific Overt Act By Each Accused With Graphic Detail : Supreme Court

Live Law  

The Supreme Court observed that in a case involving 149 of the Indian Penal Code, a witness cannot be expected to speak with graphic detail about the specific overt act that can be attributed to each of the accused.In this case, appellants- accused were concurrently convicted under Section 302 read with Sections 149 and 148 of the Indian Penal Code, …

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