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 could be provided a counsel to defend him at State expense, if he did not have means to engage another counsel of his choice.

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History of this topic

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

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

Live Law  

While overturning the acquittal of 3 accused and sentencing them to Life Imprisonment in connection with a 1995 Murder case, the Allahabad High Court recently observed that the prosecution is not obliged to answer each and every hypothesis put forth by the defence/accused persons. Before the High Court, the state submitted that the Trial Court, in its judgment of acquittal, …

S. 319 CrPC | Degree Of Satisfaction To Summon Additional Accused Must Be Higher Than The Standards Required At Framing Of Charges Stage: Allahabad HC
2 months ago

S. 319 CrPC | Degree Of Satisfaction To Summon Additional Accused Must Be Higher Than The Standards Required At Framing Of Charges Stage: Allahabad HC

Live Law  

The Allahabad High Court has observed that after the commencement of the trial, the degree of satisfaction required to be recorded by the trial court while summoning any other person as an additional accused under Section 319 CrPC should be more than the standards needed for the stage of framing of charges. However, during the trial, when the prosecution had …

Trial court can summon accused despite police clean chit, says Supreme Court
2 months, 2 weeks ago

Trial court can summon accused despite police clean chit, says Supreme Court

Hindustan Times  

New Delhi A clean chit or closure report filed by the police cannot circumscribe the trial court’s power to summon individuals as accused, the Supreme Court has held, reinforcing the vital role of courts in safeguarding justice by independently assessing evidence presented during criminal trials. Trial court can summon accused despite police clean chit, says Supreme Court “The trial court …

'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 …

[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 …

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 …

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 …

Accused Can't Claim De Novo Trial As A Matter Of Right Unless Claim Of Counsel's Ineffectiveness Is Proved To Satisfaction Of Court: Delhi HC
2 years, 10 months ago

Accused Can't Claim De Novo Trial As A Matter Of Right Unless Claim Of Counsel's Ineffectiveness Is Proved To Satisfaction Of Court: Delhi HC

Live Law  

The Delhi High Court has observed that an accused cannot, as a matter of right claim de novo trial, except where he is able to show and prove his claim of ineffectiveness of counsel's assistance and his representation falling below an objective standard of reasonableness, to the satisfaction of the court. The instant plea filed by the accused sought directions …

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

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

Live Law  

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

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

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

Live Law  

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

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 …

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

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

Live Law  

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

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

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

Live Law  

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

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, …

Credibility Of Witness Can Be Established Only After Cross-Examination By The Accused: Allahabad HC [Read Judgment]
5 years, 1 month ago

Credibility Of Witness Can Be Established Only After Cross-Examination By The Accused: Allahabad HC [Read Judgment]

Live Law  

The Allahabad High Court has reiterated that the credibility of any witness can be established only after the said witness is put to cross-examination by the accused persons, in connection with the charged offence. Justice Ajit Singh held that the trial court had committed an error in not providing an opportunity to the Petitioner-accused to cross examine the prosecution witnesses, …

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

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

Live Law  

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

Examination Of Witnesses In The Absence Of Accused Is A Curable Irregularity: SC [Read Judgment]
5 years, 11 months ago

Examination Of Witnesses In The Absence Of Accused Is A Curable Irregularity: SC [Read Judgment]

Live Law  

Absence of the accused while taking evidence of prosecution witnesses, by itself, would not vitiate the trial, unless great prejudice has caused to the accused, the Supreme Court has held, while upholding a High Court judgment which ordered fresh trial in a murder case. The bench comprising of Justice Uday Umesh Lalit and Justice Indu Malhotra was considering an appeal …

Will The Trial Be Vitiated If The Evidence Of Witnesses Were Taken In The Absence Of Accused? SC To Examine
6 years ago

Will The Trial Be Vitiated If The Evidence Of Witnesses Were Taken In The Absence Of Accused? SC To Examine

Live Law  

Will the entire trial and conviction be vitiated for non-compliance of Section 273 IPC? Before the Rajasthan High Court, they took a contention that entire trial is vitiated because the trial court recorded statements of a large number of prosecution witnesses without ensuring their presence in the proceedings. But, while holding that the conviction recorded was unsustainable it also considered …

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

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

Live Law  

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

Manipur fake encounters: Supreme Court dismisses police plea on judges' recusal, says it is without any basis
6 years, 4 months ago

Manipur fake encounters: Supreme Court dismisses police plea on judges' recusal, says it is without any basis

Firstpost  

Besides the personnel of Manipur Police, the court has also been moved by over 300 serving Army officers and personnel against the dilution of Armed Forces Special Powers Act that gives immunity to the military from prosecution for actions in disturbed areas where it is in force. New Delhi: The Supreme Court on Monday dismissed a plea filed by some …

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 …

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 …

‘Mini Trial’ to find out trustworthiness of a ‘rape victim’ before framing charge against accused, impermissible: Manipur HC
8 years, 7 months ago

‘Mini Trial’ to find out trustworthiness of a ‘rape victim’ before framing charge against accused, impermissible: Manipur HC

Live Law  

The court seems to have made roving enquiry by holding a mini trial to find out trustworthiness of the prosecutrix which was not at all permissible under the law, the Court observed.Terming a Trial Court order discharging a rape accused, as ‘patently illegal’, the Manipur High Court has observed that holding a mini trial before framing of charge in a …

Court cannot appreciate the entire evidence de novo in a routine manner while hearing Criminal Appeals: SC [Read Judgment]
8 years, 8 months ago

Court cannot appreciate the entire evidence de novo in a routine manner while hearing Criminal Appeals: SC [Read Judgment]

Live Law  

A two Judge Bench of the Supreme Court has held that the Supreme Court cannot appreciate the entire evidence de novo in a routine manner while hearing Criminal Appeals, and that too when the conviction is based on concurrent findings of two courts.The Two Judge Bench of Justices Abhay Manohar Sapre and Ashok Bhushan has further held that It is …

Court cannot appreciate the entire evidence de novo in a routine manner while hearing Criminal Appeals: SC [Read Judgment]
8 years, 8 months ago

Court cannot appreciate the entire evidence de novo in a routine manner while hearing Criminal Appeals: SC [Read Judgment]

Live Law  

A two Judge Bench of the Supreme Court has held that the Supreme Court cannot appreciate the entire evidence de novo in a routine manner while hearing Criminal Appeals, and that too when the conviction is based on concurrent findings of two courts.The Two Judge Bench of Justices Abhay Manohar Sapre and Ashok Bhushan has further held that It is …

An Asaram Witness Struggles For Justice, Done in By the System
9 years, 5 months ago

An Asaram Witness Struggles For Justice, Done in By the System

The Quint  

In India, a shroud of precariousness hangs heavily over prosecution witnesses. Or, as the steadily rising death toll of those who have volunteered to speak out against Asumal Thaumal Harpalani, more notoriously known as Asaram Bapu shows, these courageous people could be silenced for ever. Witnesses Entrapped By the System It is also a truth that the law enforcement machinery …

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