Circumstantial Evidence| When Two Views Possible, View Favouring Accused’s Innocence To Be Adopted: Supreme Court
1 year, 8 months ago

Circumstantial Evidence| When Two Views Possible, View Favouring Accused’s Innocence To Be Adopted: Supreme Court

Live Law  

The Supreme Court of India on recently reiterated that in cases where two views are possible while relying on circumstantial evidence, the view favouring the accused must be preferred. Relying on judicial precedents, a Bench of Justices BR Gavai and Sanjay Karol observed, “…in cases where heavy reliance is placed on circumstantial evidence, is that where two views are possible, one pointing to the guilt of the accused and the other towards his innocence, the one which is favourable to the accused must be adopted.” The Court’s reiteration came in a plea challenging a judgment of the High Court which affirmed a Trial Court’s judgement, convicting Pradeep Kumar, the appellant, under sections Section 302/34 IPC and 201/34 IPC based on his extra judicial confessional statement made in the presence of certain prosecution witnesses. Further, the court added that the accused cannot be convicted on the principles of preponderance of probability while adding that it’s the duty of the Top Court to ensure avoidance of miscarriage of justice at all costs Terming the High Court’s judgement as “sketchy”, the judgement authored by Justice Karol read that the presumption of the guilt of Kumar by both the courts below is based on improper and incomplete appreciation of evidence. “This Court has stated essential conditions that must be fulfilled before an accused can be convicted in a case revolving around circumstantial evidence in the landmark case of Sharad Birdhichand Sarda v. State of Maharashtra…” It further noted that the Top Court would go on to interfere in the finding of the courts below only in certain situations—when the principles of criminal jurisprudence aren’t followed properly.

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History of this topic

Chain Of Circumstances Must Unerringly Point Towards Guilt Of Accused: Patna High Court Sets Aside Rape And Murder Conviction
10 months, 3 weeks ago

Chain Of Circumstances Must Unerringly Point Towards Guilt Of Accused: Patna High Court Sets Aside Rape And Murder Conviction

Live Law  

The Patna High Court has overturned a judgment of conviction and order of sentence under the Protection of Children from Sexual Offences Act, while stressing the importance of establishing a clear and unerring chain of circumstances pointing unequivocally to the guilt of the accused. The division bench of Justices Alok Kumar Pandey and Ashutosh Kumar underscored, "We can test the …

Section 106 Evidence Act Not Attracted Unless Prosecution Prima Facie Discharges Initial Burden Of Establishing Guilt Of Accused: Allahabad HC
1 year, 6 months ago

Section 106 Evidence Act Not Attracted Unless Prosecution Prima Facie Discharges Initial Burden Of Establishing Guilt Of Accused: Allahabad HC

Live Law  

The Allahabad High Court has recently observed that Section 106 of the Indian Evidence Act cannot be attracted in a case unless the initial burden of establishing the guilt of the accused is prima facie discharged by the prosecution. In this regard, the Court also referred to the Apex Court’s ruling in the case of Nagendra Sah Vs. the State …

Forcing A Person To Go Through Rigor Of Trial Without 'Apt Prima Facie Evidence' Is Direct Infringement Of Fundamental Rights: Rajasthan High Court
1 year, 7 months ago

Forcing A Person To Go Through Rigor Of Trial Without 'Apt Prima Facie Evidence' Is Direct Infringement Of Fundamental Rights: Rajasthan High Court

Live Law  

Observing that the framing of charge by the trial court is a determinative action and an important exercise of power, the Rajasthan High Court said that forcing a person to go through the rigors of trial without there being any prima facie evidence would amount to a violation of his fundamental rights. “Forcing a person to go through the rigor …

"One Of Most Perfunctory Investigation" : Supreme Court Acquits Man Who Was Sentenced To Death For Alleged Murder Of Wife, Four Kids
2 years, 2 months ago

"One Of Most Perfunctory Investigation" : Supreme Court Acquits Man Who Was Sentenced To Death For Alleged Murder Of Wife, Four Kids

Live Law  

The Supreme Court acquitted a man who was sentenced to death for alleged murder of his wife and his four kids.Without any hesitation and with disappointment, we state that the case on hand is one of most perfunctory investigation, the CJI UU Lalit, Justices S. Ravindra Bhat and JB Pardiwala remarked.Project 39A of the National Law University Delhi gave legal …

In A Case Of Circumstantial Evidence, Heavy Duty Is Cast Upon The Prosecution To Prove Its Case Beyond Reasonable Doubt: Supreme Court
2 years, 2 months ago

In A Case Of Circumstantial Evidence, Heavy Duty Is Cast Upon The Prosecution To Prove Its Case Beyond Reasonable Doubt: Supreme Court

Live Law  

The Supreme Court, last Friday, reiterated that there's a very heavy duty cast upon the prosecution to prove its case beyond reasonable doubt while considering circumstantial evidence. Highlighting this, a Bench of Chief Justice UU Lalit, Justices S Ravindra Bhat and Sudhanshu Dhulia observed, "In a case of circumstantial evidence, the Court has to scrutinize each and every circumstantial possibility, …

Utmost Precaution Needed While Finding Accused Guilty On The Basis Of Circumstantial Evidence: Allahabad High Court
2 years, 5 months ago

Utmost Precaution Needed While Finding Accused Guilty On The Basis Of Circumstantial Evidence: Allahabad High Court

Live Law  

The Allahabad High Court recently observed that the Court shall take utmost precaution in finding the accused guilty only on the basis of circumstantial evidence. With this, the Court upheld the acquittal order passed by Assistant Sessions Judge, Mirzapur in an attempt to murder case.The Bench of Justice Om Prakash-VII and Justice Umesh Chandra Sharma noted that the witnesses. Further, …

Testimony Of A Witness In A Criminal Trial Cannot Be Discarded Merely Because Of Minor Contradictions Or Omissions: Supreme Court
2 years, 8 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 …

Circumstantial Evidence Should Not Only Be Consistent With Guilt Of Accused But Also Be Inconsistent With His Innocence: Allahabad HC Reiterates
2 years, 10 months ago

Circumstantial Evidence Should Not Only Be Consistent With Guilt Of Accused But Also Be Inconsistent With His Innocence: Allahabad HC Reiterates

Live Law  

" evidence should not only be consistent with the guilt of the accused but should be inconsistent with his innocence," the Allahabad High Court reiterated recently.The observation was made by a division bench of Justice Vivek Kumar Birla and Justice Subhash Vidhyarthi while dismissing an appeal filed by the victim against the order of Additional Sessions Judge, Badaun,. " It …

Judges To Tread Cautiously In Circumstantial Evidence, Can't Allow Conjectures & Suspicion To Take Place Of Proof: Telangana High Court
2 years, 10 months ago

Judges To Tread Cautiously In Circumstantial Evidence, Can't Allow Conjectures & Suspicion To Take Place Of Proof: Telangana High Court

Live Law  

The Telangana High Court has reiterated that circumstantial evidence is a weak form of evidence and the conviction of an accused cannot be solely based on circumstantial evidence unless the chain of evidence leaves no other conclusion except accused's guilt. The High Court, at the outset, cleared that the entire case of the prosecution was based on circumstantial evidence and …

Proving Case Beyond Reasonable Doubt Does Not Mean To Nitpick To Find Excuse To Obtain Acquittal: Supreme Court
2 years, 10 months 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 …

Bombay HC cites lack of evidence, acquits man convicted of rape, murder of child
3 years, 9 months ago

Bombay HC cites lack of evidence, acquits man convicted of rape, murder of child

Hindustan Times  

The Bombay high court’s Aurangabad bench has acquitted a 34-year-old man sentenced to death for raping and murdering a child in 2017, saying a special court convicted him without conclusive evidence and cross-examination of the witnesses. During the trial, the police informed the special court that it had recovered a nylon rope used to kill the child from the man’s …

Guilty Until Proven Innocent: A Fable Of Indian News Media
4 years, 4 months ago

Guilty Until Proven Innocent: A Fable Of Indian News Media

Live Law  

Introductory The death of Bollywood actor Sushant Singh Rajput has given rise to a controversy which refuses to die; from the initial allegations of nepotism directed against Bollywood veterans to the declaration of the deceased actor's girlfriend Rhea Charaborty as the culprit, the case is now being used as a tool to consolidate votes for the upcoming Bihar Assembly Elections. …

'Witness Not Expected To Have Photographic Memory, Variations In Facts/Improvements Natural In Depositions': P & H HC [Read Order]
4 years, 5 months ago

'Witness Not Expected To Have Photographic Memory, Variations In Facts/Improvements Natural In Depositions': P & H HC [Read Order]

Live Law  

The Punjab and Haryana High Court has asserted that in a criminal case,"one cannot be expected to have an eidetic/photographic memory" and that "slight changes in the facts or alleged improvements are bound to happen, being natural". Word of caution: Statutory Presumption in section 29, POCSO Act is still a rebuttable presumption The bench noted that Section 29 of the …

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