'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 in a murder case observing that the witnesses cannot be expected to present parrot-like version to the Trial Court. Shekhawat said, "When the witnesses were deposing after such a long period, certain inconsistencies would appear in the statements of truthful witnesses also and the witnesses could not be expected to present a parrot-like version before the Trial Court." In fact, when the witnesses were deposing after such a long period, certain inconsistencies would appear in the statements of truthful witnesses also and the witnesses could not be expected to present a parrot-like version before the Trial Court," said the Court.

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History of this topic

Dismayed Over Repeated Failure Of Jail Authorities To Produce Accused: Punjab & Haryana HC Seeks Affidavit Of ADGP Explaining Failure Of Duty
2 months, 2 weeks ago

Dismayed Over Repeated Failure Of Jail Authorities To Produce Accused: Punjab & Haryana HC Seeks Affidavit Of ADGP Explaining Failure Of Duty

Live Law  

The Punjab & Haryana High Court has summoned the Additional Director General of Police, Punjab, to file a comprehensive affidavit, explaining in detail the reasons for the repeated non-production of an accused on the schedule dates of hearing before the trial Court. Justice Manjari Nehru Kaul said, "this Court is deeply concerned and dismayed over the repeated failure of the …

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, …

S.498A IPC | Ensure Husband's Distant Relatives Aren't Over-Implicated In Exaggerated Cases : Supreme Court Cautions Courts
4 months ago

S.498A IPC | Ensure Husband's Distant Relatives Aren't Over-Implicated In Exaggerated Cases : Supreme Court Cautions Courts

Live Law  

The Supreme Court has sounded a word of caution to the Courts to ensure that distant relatives of a husband are not unnecessarily implicated in criminal cases filed at the instance of wife alleging domestic cruelty under Section 498A of the Indian Penal Code.A bench comprising Justice CT Ravikumar and Justice Rajesh Bindal made this observation while quashing the criminal …

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 …

Quality of Evidence, Not Number of Witnesses, Determines Credibility in Jharkhand High Court Ruling
4 months, 3 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 …

Punjab & Haryana High Court Quashes Order To Lodge FIR Against Police Officer For Faulty Investigation, Cites Non-Compliance Of HC Rules
7 months, 3 weeks ago

Punjab & Haryana High Court Quashes Order To Lodge FIR Against Police Officer For Faulty Investigation, Cites Non-Compliance Of HC Rules

Live Law  

The Punjab and Haryana High Court has quashed the direction of a trial court to file case against a Police Officer who allegedly conducted faulty investigation in a criminal intimidation case.Trial Court had, while acquitting the accused persons in the case, said that an unfair and faulty investigation was conducted by both the investigating officers and the SHO concerned, thereby …

'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 …

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 …

Not Fair Trial, Police Failed To Communicate With Accused Who Was Of Kenyan Origin: Punjab & Haryana High Court Quashes Conviction In Drugs Case
10 months, 1 week ago

Not Fair Trial, Police Failed To Communicate With Accused Who Was Of Kenyan Origin: Punjab & Haryana High Court Quashes Conviction In Drugs Case

Live Law  

Observing that "it cannot be stated that fair trial has been conducted", the Punjab & Haryana High Court has set aside the conviction of a Kenyan woman in a drugs case after it found that she did not understand the language in which police communicated with her.Justice Deepak Gupta said, "It cannot be stated that fair trial has been conducted. …

[S. 311 CrPC] Trial Court Can Issue Summons Even On Plea Of Person Who Is 'Stranger To Trial': Punjab & Haryana High Court
11 months, 2 weeks ago

[S. 311 CrPC] Trial Court Can Issue Summons Even On Plea Of Person Who Is 'Stranger To Trial': Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has said that the Trial Court can exercise power under Section 311 of CrPC not only on a plea by a party to the trial including accused, prosecution, complainant and witness or on its own volition, but also on a plea of a person "who is seemingly rank stranger to the trial. The Punjab …

'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 …

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 …

Conviction Of Accused May Be Based On Statements Of Official Witnesses After Strict Scrutiny: Himachal Pradesh High Court
1 year, 4 months ago

Conviction Of Accused May Be Based On Statements Of Official Witnesses After Strict Scrutiny: Himachal Pradesh High Court

Live Law  

The Himachal Pradesh High Court has reiterated that evidence from official witnesses should not be doubted merely because of their official status and asserted that the presumption is that every witness is impartial and independent unless proven contrary. Statements of official witnesses can be the basis for the conviction of the accused; however, before basing conviction on the evidence of …

No Appearance Despite Issuance Of Summons: Punjab & Haryana High Court Asks Trial Court To Attach Police Officers' Salary
1 year, 6 months ago

No Appearance Despite Issuance Of Summons: Punjab & Haryana High Court Asks Trial Court To Attach Police Officers' Salary

Live Law  

The Punjab & Haryana High Court recently directed to attach the salary of police officials who failed depose before the Court despite issuance of several summons in a 2021 case under NDPS. Trial Court is directed to attach salary of the official witnesses who failed to depose despite service after taking their details from the record." It further added that …

Discrepancies In Witness Statements Can Be Fatal To Prosecution In Politically Charged Situations: Kerala High Court
1 year, 8 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 …

IO Omits Appearance As Prosecution Witness Despite Arrest Warrant: Punjab & Haryana HC Says Trial Court Not Powerless, Can Take Coercive Steps
2 years, 4 months ago

IO Omits Appearance As Prosecution Witness Despite Arrest Warrant: Punjab & Haryana HC Says Trial Court Not Powerless, Can Take Coercive Steps

Live Law  

The Punjab and Haryana High Court recently set aside a Trial Court order closing prosecution evidence after the Investigating Officer in the case failed to appear as witness despite multiple attempts. Justice Jasjit Singh Bedi observed that the trial court is not powerless in such cases and that it ought to have taken coercive steps against the official witness. "In …

Testimonies Of Related/Interested Witnesses Have To Be Scrutinized With Greater Care And Circumspection : Supreme Court
2 years, 5 months ago

Testimonies Of Related/Interested Witnesses Have To Be Scrutinized With Greater Care And Circumspection : Supreme Court

Live Law  

When the witnesses are related/interested, their testimonies have to be scrutinized with greater care and circumspection, the Supreme Court observed while acquitting accused in a murder case.Jabbar Ali and others were convicted by the Trial Court under Section 302 IPC and the Gauhati High Court had dismissed their appeals.Before the Apex Court, the appellants mainly contended that the. When the …

S.145 Evidence Act | Attention Of Witness Must Be Drawn To Previous Statement If It Is To Be Used For Purpose Of Contradicting Him: P&H High Court
2 years, 9 months ago

S.145 Evidence Act | Attention Of Witness Must Be Drawn To Previous Statement If It Is To Be Used For Purpose Of Contradicting Him: P&H High Court

Live Law  

The Punjab and Haryana High Court while dealing with an appeal filed by three appellants against the order whereby they were convicted for robbery, held that if the witness was not confronted with that part of the statement with which the defense wanted to contradict him, then the Court cannot suo moto use the statements to prove compliance with Section …

"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 …

Testimony Of A Witness In A Criminal Trial Cannot Be Discarded Merely Because Of Minor Contradictions Or Omissions: Supreme Court
2 years, 11 months ago

Testimony Of A Witness In A Criminal Trial Cannot Be Discarded Merely Because Of Minor Contradictions Or Omissions: Supreme Court

Live Law  

The Supreme Court observed that the testimony of a witness in a criminal trial cannot be discarded merely because of minor contradictions or omissions.The bench comprising CJI NV Ramana, Justices Krishna Murari and Hima Kohli also observed that medical evidence adduced by the prosecution has great corroborative value.The court was considering appeals filed against the Patna High Court. The court …

Undesirable For Courts To Make Remarks Censuring Action Of Police Officers Unless Strictly Relevant For The Case: Delhi High Court
2 years, 11 months ago

Undesirable For Courts To Make Remarks Censuring Action Of Police Officers Unless Strictly Relevant For The Case: Delhi High Court

Live Law  

The Delhi High Court has observed that it is undesirable for Courts to make remarks censuring the action of police officers unless such remarks are strictly relevant for the case.Justice Jasmeet Singh expunged the remarks made against the Investigating Officer by a Trial Court in a criminal revision case. The Delhi High Court has observed that it is undesirable for …

Preliminary Enquiry Not Necessary For Directing Prosecution Of Witness U/S 195 CRPC: Madhya Pradesh High Court
3 years, 1 month ago

Preliminary Enquiry Not Necessary For Directing Prosecution Of Witness U/S 195 CRPC: Madhya Pradesh High Court

Live Law  

The High Court of Madhya Pradesh, Gwalior Bench recently held that conducting a preliminary enquiry is not sine qua non for issuing a direction for prosecution U/S 195 CRPC and that the Applicant is not entitled for any opportunity of hearing prior to that. The trial court, while passing the judgment, also directed that since the Applicant had intentionally changed …

Conviction Cannot Be Solely Based On Admissions Made By Accused In His Statement Under Section 313 CrPC: Bombay High Court
3 years, 3 months ago

Conviction Cannot Be Solely Based On Admissions Made By Accused In His Statement Under Section 313 CrPC: Bombay High Court

Live Law  

The Bombay High Court has said conviction cannot be solely based on the admissions made by the accused in his statement under Section 313 of the Criminal Procedure Code. A single judge bench of Justice Anuja Prabhudessai while acquitting two accused of possessing counterfeit currency in Mach 2016, said, "The prosecution having failed to establish the guilt of the accused …

Witness Testimony Inconsistent With Medical Evidence : Supreme Court Alters Conviction For Murder
3 years, 4 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 …

Mere Enmity Even If Proved Cannot Be A Ground To Discard Witness's Evidence: Kerala High Court
3 years, 8 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 …

Undue Delay In Investigation Infringes Right To Fair & Expeditious Trial Under Article 21: Punjab & Haryana High Court Observes In MP/MLA Criminal Case
3 years, 10 months ago

Undue Delay In Investigation Infringes Right To Fair & Expeditious Trial Under Article 21: Punjab & Haryana High Court Observes In MP/MLA Criminal Case

Live Law  

"Undue delay in concluding an investigation is infringement to right to fair and expeditious investigation and trial which flows from Article 21 of the Constitution," the Punjab and Haryana High Court has observed. The remarks have been made by a Division Bench of Justices Rajan Gupta and Karamjit Singh in the suo moto case for expeditious disposal of criminal cases …

Accused Can Be Summoned U/s 319 CrPC Even On The Basis Of Examination-In-Chief Of Witness: Supreme Court
4 years ago

Accused Can Be Summoned U/s 319 CrPC Even On The Basis Of Examination-In-Chief Of Witness: Supreme Court

Live Law  

An accused can be summoned under Section 319 of the Code of Criminal Procedure on the basis of even examination ­in ­chief of the witness and the Court need not wait till his cross­ examination, the Supreme Court observed.The bench comprising Justices DY Chandrachud and MR Shah observed that If on the basis of the examination ­in­ chief of the …

Related Witnesses' Testimony, If Found Truthful, Can Be The Basis Of Conviction: SC [Read Judgment
4 years, 5 months ago

Related Witnesses' Testimony, If Found Truthful, Can Be The Basis Of Conviction: SC [Read Judgment

Live Law  

The Supreme Court has observed that testimony of the related witness, if found to be truthful, can be the basis of conviction.If the witnesses are otherwise trustworthy, past enmity by itself will not discredit any testimony, the bench comprising Justices NV Ramana, Surya Kant and Hrishikesh Roy observed.The court upheld observed thus while upholding conviction of five persons accused in …

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, …

Accused Entitled To Acquittal If Informant And Investigating Officer Is The Same Person: Supreme Court [Read Judgment]
6 years, 7 months ago

Accused Entitled To Acquittal If Informant And Investigating Officer Is The Same Person: Supreme Court [Read Judgment]

Live Law  

Update: Merely Because The Investigation Officer Is The Complainant Himself The Trial In NDPS Cases Will Not Be Vitiated And Accused Cannot Be Acquitted On That Ground : SC Constitution Benchhttps://t.co/lhmQkU1HIb— Live Law August 31, 2020In a significant pronouncement, a three-judge bench of the Supreme Court has categorically held that the informant and. Update: Merely Because The Investigation Officer Is …

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 …

Conviction Can Be Based On The Solitary Evidence Of A Child Witness, If It Inspires Confidence: SC [Read Judgment]
7 years, 10 months ago

Conviction Can Be Based On The Solitary Evidence Of A Child Witness, If It Inspires Confidence: SC [Read Judgment]

Live Law  

In a Criminal Appeal decided on Friday, the Supreme Court bench of Justices L.Nageswara Rao and Navin Sinha, has confirmed the conviction of a woman for the murder of her husband, based on the testimony of her 12-year old son that he saw her presence in the room when his father was killed by two assassins, and that she asked …

Conviction Can Be Based On The Solitary Evidence Of A Child Witness, If It Inspires Confidence: SC [Read Judgment]
7 years, 10 months ago

Conviction Can Be Based On The Solitary Evidence Of A Child Witness, If It Inspires Confidence: SC [Read Judgment]

Live Law  

In a Criminal Appeal decided on Friday, the Supreme Court bench of Justices L.Nageswara Rao and Navin Sinha, has confirmed the conviction of a woman for the murder of her husband, based on the testimony of her 12-year old son that he saw her presence in the room when his father was killed by two assassins, and that she asked …

‘Culture Of Compromise’, Makes Witnesses Turn Hostile During Trials: SC [Read Judgment]
8 years, 4 months ago

‘Culture Of Compromise’, Makes Witnesses Turn Hostile During Trials: SC [Read Judgment]

Live Law  

A significant reason for witnesses turning hostile may be what is described as 'culture of compromise', the Bench observed.Attributing ‘culture of compromise’ as one of the reasons for witnesses turning hostile during trial, the Supreme Court in Ramesh vs. State of Haryana, has upheld a High Court judgment that reversed an acquittal recorded by the trial court in a murder …

Delay In Recording Witnesses’ Statements Can Be Fatal For Prosecution Case: SC [Read Judgment]
8 years, 5 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 …

SC soon will lay a law whether accused has right to recall witness or not- India TV News
9 years, 11 months ago

SC soon will lay a law whether accused has right to recall witness or not- India TV News

India TV News  

Will lay down law on whether accused has right to recall witness: SC New Delhi: The Supreme Court today said that it will lay down a law as to whether an accused has got the right to get witnesses recalled for their re-examination in a criminal case.“We are New Delhi: The Supreme Court today said that it will lay down …

Prosecutrix in a Rape Case – Evaluation of Evidence – Part IV
10 years, 8 months ago

Prosecutrix in a Rape Case – Evaluation of Evidence – Part IV

Live Law  

In State of Himachal Pradesh vs. Asha Ram, Asha Ram was tried on the charge of committing rape on one of his daughters, and convicted and sentenced by the trial court. Pandey, the Supreme Court observed that in a case of rape, absence of explanation for delayed lodging of FIS would not affect the appreciation of evidence. Delay in forwarding …

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