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

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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, noting that it was a case based on circumstantial evidence, the Court observed that in such cases a chain of circumstances must be completed, but in the instant case, except for one ingredient that is motive, nothing else could be proved by the prosecution. Further, the Court observed that in the instant case, it had been proved that the witnesses had not seen and recognize the accused persons committing the offence on spot.

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History of this topic

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, …

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 …

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