Meticulous Examination Needed In Cases Where FIR Was Against Unknown Persons & Accused Are Not Known To Witnesses : Supreme Court
1 month, 3 weeks ago

Meticulous Examination Needed In Cases Where FIR Was Against Unknown Persons & Accused Are Not Known To Witnesses : Supreme Court

Live Law  

Emphasizing the need for meticulous examination in cases involving unidentified accused, the Supreme Court today overturned the conviction of two individuals in a case for bus robbery, citing major flaws in the police investigation and unreliable eyewitness identification. Setting aside the High Court's decision, the judgment authored by Justice Manoj Misra emphasized that in cases where the FIR is filed against unknown persons, "material collected during investigation plays an important role." Citing Manoj and others v. State of Madhya Pradesh, the Court observed “normally where accused persons are unknown and are not named in the FIR, if the prosecution case as regards the manner in which they were arrested is disbelieved, the Court should proceed cautiously with other evidence and objectively determine whether all other circumstances were proved beyond reasonable doubt.” “As far as dock identification by the remaining two eye witnesses is concerned, they identified the accused persons during their deposition in court in the year 2015, that is, after nearly 4 years of the incident. In such circumstances, when three eye witnesses stated that accused persons were not the ones who committed the crime and another one stated that it was too dark, therefore, he could not recognise, bearing in mind that the accused persons were not known to the eye witnesses from before, not much reliance can be placed on the dock identification.”, the court added.

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History of this topic

‘Cash’ find at Delhi High Court judge’s residence: Supreme Court to list plea to file FIR
1 day, 9 hours ago

‘Cash’ find at Delhi High Court judge’s residence: Supreme Court to list plea to file FIR

The Hindu  

Chief Justice of India Sanjiv Khanna on Wednesday said the Supreme Court will list a writ petition seeking a direction to the police to register a first information report and probe allegations of “huge sums of unaccounted money” found on the official residential premises of the High Court judge Justice Yashwant Varma, when a fire broke out on the night …

Accused Has No Absolute Right To Seek Further Investigation But Courts Can Intervene If Probe Is Incomplete, Shabby Or Malafide: Kerala HC
2 weeks, 6 days ago

Accused Has No Absolute Right To Seek Further Investigation But Courts Can Intervene If Probe Is Incomplete, Shabby Or Malafide: Kerala HC

Live Law  

The Kerala High Court has reiterated that an accused has no absolute right to seek further investigation or to dictate the terms of investigation or to state that the investigation must go in a particular manner. Court said, “While analysing the question of law as to whether an accused has an absolute right to seek for further investigation, in fact, …

'Prosecutrix's Testimony Doesn't Inspire Confidence' : Supreme Court Affirms Acquittal In Rape Case
2 months, 2 weeks ago

'Prosecutrix's Testimony Doesn't Inspire Confidence' : Supreme Court Affirms Acquittal In Rape Case

Live Law  

The Supreme Court, observed that in rape cases if a conviction is based on the sole evidence of a single witness, even that of the victim herself, such evidence should inspire confidence in the Court. But nevertheless when a person can be convicted on the testimony of a single witness the Courts are bound to be very careful in examining …

While Acquitting, Court Cannot Order Re-Investigation Against Acquitted Accused For Same Offence : Supreme Court
3 months, 1 week ago

While Acquitting, Court Cannot Order Re-Investigation Against Acquitted Accused For Same Offence : Supreme Court

Live Law  

The Supreme Court today ruled that a Court, while acquitting the accused, cannot order that he must be subjected to re-investigation for the same offence. The Court set aside the Madras High Court decision which directed a de-novo investigation against the accused for offences in which he was already acquitted, stating that it would amount to a violation of the …

FIR Registered Against 8 Advocates For Cheating & Forgery In Fake SLP Case : CBI Tells Supreme Court
3 months, 3 weeks ago

FIR Registered Against 8 Advocates For Cheating & Forgery In Fake SLP Case : CBI Tells Supreme Court

Live Law  

In the case where the Supreme Court directed CBI probe into the filing of a fake petition before it, the agency recently informed that an FIR has been registered against 10 known persons. Out of the 10, 3 are advocates practising before the Supreme Court and 5 are practising before the Allahabad High Court.The matter was before a bench of …

Kallakurichi hooch tragedy: Madras High Court to hear plea for CBI probe on June 21
9 months, 1 week ago

Kallakurichi hooch tragedy: Madras High Court to hear plea for CBI probe on June 21

The Hindu  

The Madras High Court has decided to hear on Friday, June 21, 2024, two public interest litigations seeking a Central Bureau of Investigation probe into the Kallakurichi spurious liquor tragedy that has so far claimed over 30 lives and left many others hospitalised. Since Acting Chief Justice R. Mahadevan is sitting at the Madurai Bench this week, two advocates on …

Court acquits two after Mohali police fail to prove snatching case
9 months, 2 weeks ago

Court acquits two after Mohali police fail to prove snatching case

Hindustan Times  

After Mohali police’s failure to prove two persons guilty for snatching a woman’s gold chain in Kurali, a local court acquitted the persons who were arrested last year. Police later apprehended the accused at a check post laid near Niholka Road, Kurali, and recovered the complainant’s gold chain. The accused’s counsel Jaswinder Singh vehemently argued that the prosecution miserably failed …

S.27 Evidence Act | To Use Statement Of Accused On Fact Discovery, Prosecution Must Establish No One Else Had Information About It : Supreme Court
11 months, 2 weeks ago

S.27 Evidence Act | To Use Statement Of Accused On Fact Discovery, Prosecution Must Establish No One Else Had Information About It : Supreme Court

Live Law  

To convict an accused based on the statements made under Section 27 of the Evidence Act, the Supreme Court observed that the prosecution must establish the fact that the discovery of the evidence based on the statement made by the accused under Section 27 of the Evidence Act must not be known to anyone before the information was given by …

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 …

High Time To Have Code Of Investigation For Police So That Guilty Don't Walk Free On Technicalities: Supreme Court
1 year, 6 months ago

High Time To Have Code Of Investigation For Police So That Guilty Don't Walk Free On Technicalities: Supreme Court

Live Law  

Aghast to see the shocking lapses and the slipshod investigation on the part of the police, the Court drew attention to a 2003 report by Dr. Justice V.S. The Supreme Court recently expressed exasperation at having to acquit three accused persons in a case of murder and kidnapping due to glaring lapses in police investigation. Echoing the same sentiment, it …

Abkari Act- Person Receiving Information Of Crime Or Detecting The Occurrence Can Investigate It: Supreme Court
1 year, 7 months ago

Abkari Act- Person Receiving Information Of Crime Or Detecting The Occurrence Can Investigate It: Supreme Court

Live Law  

While upholding a conviction under the Kerala Abkari Act, the Supreme Court observed that the testimonies of official witnesses can not be discarded simply because independent witnesses were not examined. "The person receiving the information of the crime or detecting the occurrence thereof, can investigate the same", the bench of Justices Abhay S Oka and Sanjay Karol observed.In this case,. …

Murder Trial - Last Seen Theory : Time At Which Deceased Was Lastly Seen With Accused Should Be Proved Conclusively : Supreme Court
2 years ago

Murder Trial - Last Seen Theory : Time At Which Deceased Was Lastly Seen With Accused Should Be Proved Conclusively : Supreme Court

Live Law  

While relying on ‘last seen theory’ in a case based on circumstantial evidence, the evidence on the time at which the deceased was lastly seen with the accused has to be proved conclusively, the Supreme Court reiterated recently. “In a case rested on circumstantial evidence and ‘last seen’ theory is relied on as a link in the chain of circumstances, …

Criminal Proceedings Can Be Quashed When Complaint/FIR Does Not Disclose Any Act/Participation Of Accused In Crime: Supreme Court
2 years, 3 months ago

Criminal Proceedings Can Be Quashed When Complaint/FIR Does Not Disclose Any Act/Participation Of Accused In Crime: Supreme Court

Live Law  

The Supreme Court observed that the criminal proceedings can be quashed when the complaint on the basis of which FIR was registered does not disclose any act of the accused or their participation in the commission of crime. They are neither concerned with the registered sale deed dated 4th May, 1977 nor the later sale deed executed in favour of …

Delhi High Court refuses to quash FIR against a man on molestation allegations
2 years, 6 months ago

Delhi High Court refuses to quash FIR against a man on molestation allegations

Firstpost  

The accused had to resign from his lucrative job in the United Nations following the complainant’s letter to his organisation New Delhi: The Delhi High Court has refused to quash an FIR against a man on molestation allegations and directed that the woman will have to pay damages to the accused in case he is acquitted by the trial court. …

"Ring Of Truth" : Supreme Court Lays Down Principles For Appreciation Of Ocular Evidence In Criminal Case
2 years, 8 months ago

"Ring Of Truth" : Supreme Court Lays Down Principles For Appreciation Of Ocular Evidence In Criminal Case

Live Law  

The Supreme Court, in a judgment delivered in a criminal appeal, laid down principles for appreciation of ocular evidence in a criminal case.In assessing the value of the evidence of the eyewitnesses, two principal considerations are whether, in the circumstances of the case, it is possible to believe their presence at the scene of occurrence or in such situations as …

Utmost Precaution Needed While Finding Accused Guilty On The Basis Of Circumstantial Evidence: Allahabad High Court
2 years, 8 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, …

Framing Of Charges | Investigation Into Offence & Elaborate Appreciation Of Evidence Discouraged, Only Prima Facie Material Significant: Delhi HC
2 years, 11 months ago

Framing Of Charges | Investigation Into Offence & Elaborate Appreciation Of Evidence Discouraged, Only Prima Facie Material Significant: Delhi HC

Live Law  

The Delhi High Court has observed that an investigation into the offence and elaborate appreciation of evidence is not required and is rather discouraged at the stage of framing of charges and that only the material prima facie establishing a case against or in favour of the accused is what is significant.Justice Chandra Dhari Singh added that as per the …

"Serious Fault In Investigation": Delhi High Court Seeks Personal Affidavit Of Deputy Commissioner Of Police In Rape Case
2 years, 11 months ago

"Serious Fault In Investigation": Delhi High Court Seeks Personal Affidavit Of Deputy Commissioner Of Police In Rape Case

Live Law  

Noting that there was a serious fault in the investigation conducted by the city police in a case involving allegations of rape, the Delhi High Court this week directed the Deputy Commissioner of Police, West District to file a personal affidavit within a period of three weeks.Justice Chandra Dhari Singh noted that the statement of prosecutrix clearly stated that she …

'Not Naming Accused In FIR That Too During Riots Does Not Discredit Prosecution's Case': Delhi Court Frames Charges Against 4
3 years, 4 months ago

'Not Naming Accused In FIR That Too During Riots Does Not Discredit Prosecution's Case': Delhi Court Frames Charges Against 4

Live Law  

A Delhi Court has framed charges against four men in a case concerning the North East Delhi riots after observing that merely because there name does not appear in the FIR will not discredit the case of the prosecution at all. "FIR is not an encyclopedia but the beginning point of investigation and not naming accused in FIR, that too …

"No Second FIR, Fresh Investigation For Same Cognizable Offence, Same Occurence": Delhi HC Quashes FIRs Against One Relating To Delhi Riots
3 years, 6 months ago

"No Second FIR, Fresh Investigation For Same Cognizable Offence, Same Occurence": Delhi HC Quashes FIRs Against One Relating To Delhi Riots

Live Law  

The Delhi High Court has quashed four FIRs against one Atir in connection with a Delhi riots case after observing that five separate FIRs cannot be registered for the very same incident against a person. There can be no second FIR and no fresh investigation in respect of the same cognizable offence or same occurrence giving rise to one or …

"Investigation Highly Callous, Inefficient But Cannot Ignore Statements Of Victims": Delhi Court Frames Charges Against One In Delhi Riots Case
3 years, 6 months ago

"Investigation Highly Callous, Inefficient But Cannot Ignore Statements Of Victims": Delhi Court Frames Charges Against One In Delhi Riots Case

Live Law  

A Delhi Court recently framed charges against one Rohit in a case concerning North East Delhi riots after observing that even though the investigation in the matter appears to be highly callous and inefficient, however, the statements of victims cannot be ignored by the Court. "Be that as it may, it is worth noting that investigation in the matter appears …

Allowing Jail Premises To Be Used For Committing Crime Would Put Members Of The Society Under Serious Threat: Allahabad High Court [Read Order]
4 years, 4 months ago

Allowing Jail Premises To Be Used For Committing Crime Would Put Members Of The Society Under Serious Threat: Allahabad High Court [Read Order]

Live Law  

"If the premises of a district jail facility are itself so porous and its administration so lax, as may allow such jail premises to be used to commit further crime both outside and inside the jail, the members of the society would be under a serious threat and the entire social and civil structure and the order would be at …

Appellate Courts Need Not to Routinely Re-appreciate Evidence in Criminal Case, Says SC
4 years, 7 months ago

Appellate Courts Need Not to Routinely Re-appreciate Evidence in Criminal Case, Says SC

News 18  

Appellate Courts need not to routinely re-appreciate the evidence in a criminal case as trial court is best placed to holistically appreciate the demeanour of a witness, the Supreme Court has said. A three-judge bench of Justices N V Ramana, S A Nazeer and Surya Kant made the observations while dismissing an appeal filed against a Delhi High Court judgment …

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, …

Take decision on FIRs: Delhi High Court
5 years, 1 month ago

Take decision on FIRs: Delhi High Court

The Hindu  

The Delhi High Court on Wednesday asked the Delhi police to take a “conscious decision” on registering FIRs against the three BJP leaders accused of making hate speeches, observing that the city could not be a witness to another 1984-like riots. ‘We want peace’ Expressing anguish over the delay in lodging FIRs, the court asked the police: “Why are you …

Bombay HC Acquits Two Convicted Of Kidnapping And Murdering A 12-Year-Old Boy For Lack Of Evidence [Read Judgment]
5 years, 7 months ago

Bombay HC Acquits Two Convicted Of Kidnapping And Murdering A 12-Year-Old Boy For Lack Of Evidence [Read Judgment]

Live Law  

The Bombay High Court today acquitted Imtiyaz Shaikh, who was sentenced to death by the sessions court and Azad, who was sentenced to life imprisonment for kidnapping and killing a 12-year-old boy in 2012, due to lack of evidence. Case Background According to the prosecution, deceased victim's father Rajesh Bhadange filed a complaint with the police on June 1, 2012 …

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 …

‘Fact’ In Section 27 Of Evidence Act Not Limited To ‘Actual Physical Material Object’ And Includes ‘Mental Awareness Of The Accused As To Its Existence: SC [Read Judgment]
6 years, 5 months ago

‘Fact’ In Section 27 Of Evidence Act Not Limited To ‘Actual Physical Material Object’ And Includes ‘Mental Awareness Of The Accused As To Its Existence: SC [Read Judgment]

Live Law  

The discovery of fact arises by reason of the fact that the information given by the accused exhibited the knowledge or the mental awareness of the informant as to its existence at a particular place.’The Supreme Court has observed that the word “fact” as contemplated in Section 27 of the Indian Evidence Act is not limited to “actual physical material …

Mere Delay In Forwarding FIR Copy To The Magistrate Will Not Vitiate The Trial, Reiterates SC [Read Order]
6 years, 6 months ago

Mere Delay In Forwarding FIR Copy To The Magistrate Will Not Vitiate The Trial, Reiterates SC [Read Order]

Live Law  

‘In the event the report is submitted with delay or due to any lapse, the trial shall not be affected.’The Supreme Court has reiterated that mere delay in sending the report under Section 157 CrPC to the Magistrate itself, cannot lead to a conclusion that the trial is vitiated or the accused is entitled to be acquitted on this ground.The …

Mere Delay In Forwarding FIR Copy To The Magistrate Will Not Vitiate The Trial, Reiterates SC [Read Order]
6 years, 6 months ago

Mere Delay In Forwarding FIR Copy To The Magistrate Will Not Vitiate The Trial, Reiterates SC [Read Order]

Live Law  

‘In the event the report is submitted with delay or due to any lapse, the trial shall not be affected.’The Supreme Court has reiterated that mere delay in sending the report under Section 157 CrPC to the Magistrate itself, cannot lead to a conclusion that the trial is vitiated or the accused is entitled to be acquitted on this ground.The …

Second FIR By Different Person Based On Different Allegations Not Prohibited: SC [Read Judgment]
7 years ago

Second FIR By Different Person Based On Different Allegations Not Prohibited: SC [Read Judgment]

Live Law  

The Supreme Court, in P Sreekumar v State of Kerala, has held that there is no prohibition in law to file a second FIR in relation to the same incident, if it was not filed by the same person, who had filed the first FIR, as a counter-complaint, based on the allegations different from the allegations made in the first …

Delhi trial court examines 22 witness in sodomy-murder case in day, earns rebuke from high court
7 years ago

Delhi trial court examines 22 witness in sodomy-murder case in day, earns rebuke from high court

Firstpost  

A trial court’s endeavour to hurriedly examine 22 out of 24 witnesses in a day has come for a severe criticism from the Delhi High Court. New Delhi: A trial court’s endeavour to hurriedly examine 22 out of 24 witnesses in a day in a case of murder and attempt to commit unnatural sex with a 14-year-old boy has come …

Non-Mentioning Of Accused’s Name In FIR Not A Ground To Doubt Its Contents: SC [Read Judgment]
7 years, 1 month ago

Non-Mentioning Of Accused’s Name In FIR Not A Ground To Doubt Its Contents: SC [Read Judgment]

Live Law  

Some times in the state of shock, they may miss the important details, because people tend to react differently when they come across a violent act, the bench said.The Supreme Court, in Latesh @ Dadu Baburao Karlekar v The State of Maharashtra, has reiterated that merely because the names of the accused are not stated and their names are not …

Proof Of Allegations Not Concern Of Trial Court At Time Of Framing Charges: MP HC
7 years, 7 months ago

Proof Of Allegations Not Concern Of Trial Court At Time Of Framing Charges: MP HC

Live Law  

The Madhya Pradesh High Court has held that the trial court is not concerned with the proof of allegation at the stage of framing of charges.The court rejected a revision of the co-accused in a bank financial scam of Rs. 10,52,07,724.The Central Bureau of Investigation in Bhopal had filed chargesheet against the applicants as co-accused, along with principal accused Syyad …

No Inconsistency In Chargesheeting Accused Not Named In FIR: SC [Read Judgment]
7 years, 11 months ago

No Inconsistency In Chargesheeting Accused Not Named In FIR: SC [Read Judgment]

Live Law  

The Court observed that FIR clearly mentions that the number of accused persons as 12, though only five were named.The Supreme Court, in Fazar Ali vs State of Assam, has held that there is no inconsistency in chargesheeting and convicting persons who have not been named along with the other accused in the First Information Report.In a criminal appeal before …

FIR Can Be Quashed In Part If No Cognizable Offence Is Made Out Against Accused: SC [Read Order]
7 years, 11 months ago

FIR Can Be Quashed In Part If No Cognizable Offence Is Made Out Against Accused: SC [Read Order]

Live Law  

They cannot be allowed to suffer on the basis of the complaint, only on the ground that the investigation against co-accused is still pending, the bench observed.The Supreme Court, in a brief order, has observed that an FIR can be quashed in part against some accused against whom no cognizable offence is made out.The apex court bench comprising Justice Pinaki …

Recording Of FIR Not A Condition Precedent For Starting Criminal Investigation: SC [Read Judgment]
8 years, 3 months ago

Recording Of FIR Not A Condition Precedent For Starting Criminal Investigation: SC [Read Judgment]

Live Law  

The Supreme Court in Anjan Dasgupta vs. The State of West Bengal, has held that the receipt and recording of First Information Report is not a condition precedent for setting in motion a criminal investigation and the police are duty bound to start investigation when it gets information with regard to commission of crime.A trial court had acquitted an accused …

Recording Of FIR Not A Condition Precedent For Starting Criminal Investigation: SC [Read Judgment]
8 years, 3 months ago

Recording Of FIR Not A Condition Precedent For Starting Criminal Investigation: SC [Read Judgment]

Live Law  

The Supreme Court in Anjan Dasgupta vs. The State of West Bengal, has held that the receipt and recording of First Information Report is not a condition precedent for setting in motion a criminal investigation and the police are duty bound to start investigation when it gets information with regard to commission of crime.A trial court had acquitted an accused …

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 …

An Accused can be convicted for Rape even in the absence of Medical Evidence; Delhi High Court [Read Judgment]
8 years, 9 months ago

An Accused can be convicted for Rape even in the absence of Medical Evidence; Delhi High Court [Read Judgment]

Live Law  

Delhi High Court has held that even in the absence of medical evidence, an Accused is liable to be convicted for Rape if the evidence of the prosecutrix is reliable. It is also re-iterated that conviction can be based on the sole testimony of the prosecutrix without any corroboration.High Court has dismissed the Appeal filed by Raju Yadav against his …

FIRs, probe compulsory in all cases of police encounters: SC
10 years, 6 months ago

FIRs, probe compulsory in all cases of police encounters: SC

Firstpost  

The Supreme Court on Tuesday ruled that FIRs must be registered in all cases of police encounters. New Delhi: The Supreme Court on Tuesday ruled that FIRs must be registered in all cases of police encounters. Moreover, calling for an independent and impartial probe, the Supreme Court on Tuesday said that in police shooting cases, the investigation into the incident …

Delhi govt gets three months to formulate witness protection policy
11 years, 7 months ago

Delhi govt gets three months to formulate witness protection policy

Firstpost  

The Delhi High Court today granted three more months time to the city government to evolve a witness protection policy to ensure that witnesses are not harassed or intimidated by powerful accused in criminal cases New Delhi: The Delhi High Court today granted three more months time to the city government to evolve a witness protection policy to ensure that …

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