Prosecution Is Not Required To Prove Its Case Beyond All Iota Of Doubt: Supreme Court
3 years ago

Prosecution Is Not Required To Prove Its Case Beyond All Iota Of Doubt: Supreme Court

Live Law  

The prosecution is required to prove its case beyond reasonable doubt and not beyond all iota of doubt, remarked the Supreme Court while dismissing a criminal appeal filed by a murder accused.Karan Singh and others were accused of murder of one Brahmapal Singh. The prosecution is required to prove its case beyond reasonable doubt and not beyond all iota of doubt, remarked the Supreme Court while dismissing a criminal appeal filed by a murder accused. Headnotes Criminal Trial - The prosecution is required to prove its case beyond reasonable doubt and not beyond all iota of doubt. Summary: Appeal against High Court judgment upholding conviction of accused in a murder case - dismissed - The prosecution proved its case beyond reasonable doubt - The fact that the trial/appeal should have taken years and that other accused should have died during the appeal cannot be a ground for acquittal.

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History of this topic

'Reasonable Doubt' In Criminal Case Not Merely Possible Doubt But Fair Doubt Based On Common Sense & Reason : Supreme Court
2 months, 2 weeks ago

'Reasonable Doubt' In Criminal Case Not Merely Possible Doubt But Fair Doubt Based On Common Sense & Reason : Supreme Court

Live Law  

The Supreme Court reiterated that 'reasonable doubt' necessitates that doubt must be free from speculation. A reasonable doubt is not an imaginary, trivial or a merely possible doubt, but a fair doubt based upon reason and common sense…,” stated Justice Nongmeikapam Kotiswar Singh. We find it hard to believe that the police somehow wrote the names of the appellants in …

Transfer Of Criminal Case From One State To Another Implicitly Reflect On Credibility Of State Judiciary & Prosecution Agency : Supreme Court
2 years ago

Transfer Of Criminal Case From One State To Another Implicitly Reflect On Credibility Of State Judiciary & Prosecution Agency : Supreme Court

Live Law  

The Supreme Court has observed that transfer of trial from one case to another state has to be ordered only in exceptional circumstances, as it might result in an adverse reflection upon the credibility of the State judiciary and prosecution agency.A bench comprising Justices Hrishikesh Roy and CT Ravikumar made this observation while dismissing a plea to transfer the trial …

Proving Case Beyond Reasonable Doubt Does Not Mean To Nitpick To Find Excuse To Obtain Acquittal: Supreme Court
3 years, 1 month ago

Proving Case Beyond Reasonable Doubt Does Not Mean To Nitpick To Find Excuse To Obtain Acquittal: Supreme Court

Live Law  

"The test which is applied of proving the case beyond reasonable doubt does not mean that the endeavour should be to nick pick and somehow find some excuse to obtain acquittal. ", the Supreme Court remarked in a judgment dismissing appeals filed by murder accused.Pappu Tiwari, Sanjay Ram, Uday Pal, Ajay Pal, Pintu Tiwari and Law Tiwari were convicted by …

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

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

Live Law  

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

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

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

Live Law  

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

Re-writing the Concept of Burden of Proof; Supreme Court Judgment in Sher Singh @ Partapa Vs. State of Haryana requires re-consideration
10 years, 1 month ago

Re-writing the Concept of Burden of Proof; Supreme Court Judgment in Sher Singh @ Partapa Vs. State of Haryana requires re-consideration

Live Law  

The golden rule that runs through the web of civilised criminal jurisprudence is that an accused is presumed to be innocent unless he is found guilty of the charged offence. A Two Judge Bench of the Supreme Court in Sher Singh @ Partapa Vs. State of Haryana while dealing with S.304B IPC and S.113B Evidence Act interalia held as follows; …

Re-writing the Concept of Burden of Proof; Supreme Court Judgment in Sher Singh @ Partapa Vs. State of Haryana requires re-consideration
10 years, 1 month ago

Re-writing the Concept of Burden of Proof; Supreme Court Judgment in Sher Singh @ Partapa Vs. State of Haryana requires re-consideration

Live Law  

The golden rule that runs through the web of civilised criminal jurisprudence is that an accused is presumed to be innocent unless he is found guilty of the charged offence. A Two Judge Bench of the Supreme Court in Sher Singh @ Partapa Vs. State of Haryana while dealing with S.304B IPC and S.113B Evidence Act interalia held as follows; …

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