Conviction Cannot Be Solely Based On Admissions Made By Accused In His Statement Under Section 313 CrPC: Bombay High Court
3 years ago

Conviction Cannot Be Solely Based On Admissions Made By Accused In His Statement Under Section 313 CrPC: Bombay High Court

Live Law  

The Bombay High Court has said conviction cannot be solely based on the admissions made by the accused in his statement under Section 313 of the Criminal Procedure Code. A single judge bench of Justice Anuja Prabhudessai while acquitting two accused of possessing counterfeit currency in Mach 2016, said, "The prosecution having failed to establish the guilt of the accused persons beyond reasonable doubt, the conviction cannot be based solely on the explanation given by the accused No.1 in his statement under Section 313 of the Criminal Procedure Code." Case of the prosecution: On March 15, 2016, Arif Khan police Naik attached to Sion Police Station received secret information that two persons from West Bengal were in possession of counterfeit notes. The prosecution examined five witnesses and during the recording of the accused statement under section 313, accused Shaikh admitted all the incriminating circumstances against him and accused no 2.

Court Accused His Statement Notes Sion Prosecution Witnesses Section 313  sion  solely  order  high  crpc  conviction  based  court  admissions  rs1000  accused  prosecution  witnesses  notes  bombay  shaikh  statement

History of this topic

Sole Witness's Testimony Can Form Basis Of Conviction And Sentence If It Is Wholly Reliable: Jharkhand High Court Reaffirms
8 hours, 40 minutes ago

Sole Witness's Testimony Can Form Basis Of Conviction And Sentence If It Is Wholly Reliable: Jharkhand High Court Reaffirms

Live Law  

In a recent judgement, the Jharkhand High Court has reiterated that a conviction and sentence can be based on the testimony of a solitary witness if it inspires confidence and is wholly reliable. Finding weight in the argument advanced on behalf of the appellants, the division bench of Justice Ananda Sen and Justice Gautam Kumar Choudhary observed, “I find weight …

Attempt To Murder Case: Allahabad High Court Delivers Split Verdict In Appeal Against Acquittal Of Rebel SP MLA
1 day, 7 hours ago

Attempt To Murder Case: Allahabad High Court Delivers Split Verdict In Appeal Against Acquittal Of Rebel SP MLA

Live Law  

The Allahabad High Court on Friday delivered a split verdict in an appeal filed against the acquittal of rebel Samajwadi Party MLA Abhay Singh in connection with the 2010 attempt-to-murder case. While Justice Attau Rahman Masoodi sentenced five of the accused, including Abhay Singh, to three years of imprisonment in connection with the 2010 case, Justice Ajai Kumar Srivastava-I, on …

No Reason To Continue Criminal Proceedings If Accused Is Exonerated For Same Charges In Disciplinary Proceedings: Delhi High Court
2 days, 3 hours ago

No Reason To Continue Criminal Proceedings If Accused Is Exonerated For Same Charges In Disciplinary Proceedings: Delhi High Court

Live Law  

While quashing a First Information Report against an accused, the Delhi High Court reiterated that if an accused is found innocent in disciplinary proceedings and the same charges are levelled in the criminal case, then there is no justifiable reason to continue the criminal proceedings. Referring to various decisions of the Supreme Court and the high court Justice Vikas Mahajan …

P&H High Court Enhances Fine In Double Murder Case To ₹2 Lakhs, Says There Should Be No Disparity Of Amount Between Co-Convicts
2 weeks ago

P&H High Court Enhances Fine In Double Murder Case To ₹2 Lakhs, Says There Should Be No Disparity Of Amount Between Co-Convicts

Live Law  

The Punjab & Haryana High Court has upheld the conviction in a double murder case of four convicts, observing that the fine of Rs.50,000 imposed on one convict was "extremely minimal" and there should not be a disparity of fine amount among co-convicts.Justice Sureshwar Thakur and Kuldeep Tiwari said, "the imposition of the fine amount of Rs.50,000/- upon the convict.Gurdev …

Supreme Court Restores Criminal Proceedings Against Kerala MLA Antony Raju In Evidence Tampering Case, Directs To Conclude Trial In 1 Yr
1 month ago

Supreme Court Restores Criminal Proceedings Against Kerala MLA Antony Raju In Evidence Tampering Case, Directs To Conclude Trial In 1 Yr

Live Law  

The Supreme Court on Wednesday restored the criminal proceedings initiated against Kerala MLA and former Minister Antony Raju over alleged tampering of underwear evidence in a drugs case conducted by him as a junior lawyer in 1990.A bench of Justices CT Ravikumar and Sanjay Karol held that the Kerala High Court erred in holding that the criminal proceedings were barred …

Allahabad High Court Acquits Convict In 1981 Murder Case By According Benefit Of Doubt
1 month, 1 week ago

Allahabad High Court Acquits Convict In 1981 Murder Case By According Benefit Of Doubt

Live Law  

The Allahabad High Court last week acquitted one Ram Krishna, who was convicted for the offence of murder by a Sessions Court in March 1983 and sentenced to life imprisonment by giving him the benefit of the doubt. In its 11-page order, relying upon the Supreme Court's ruling in the case of Harchand Singh & Anr vs State Of Haryana …

Can't Be Given Chance to Discredit Prosecution Documents: Supreme Court Rules in 294 CrPC Case
2 months ago

Can't Be Given Chance to Discredit Prosecution Documents: Supreme Court Rules in 294 CrPC Case

Live Law  

The Supreme Court has ruled that when a defence admits the genuineness of prosecution documents and dispenses with its formal proof, then such evidence may be read as substantive evidence under Section 294 of Cr.P.C. The court held that the defence's admission of the documents could not be used to discredit the prosecution's story, as the prosecution had already supported …

Trial Court Cannot Convict Accused Based on Police Submissions: Telangana HC
4 months, 2 weeks ago

Trial Court Cannot Convict Accused Based on Police Submissions: Telangana HC

Deccan Chronicle  

HYDERABAD: The Telangana High Court made it clear that trial courts cannot convict an accused on a moral basis and the basis of the confession statement recorded by the police officers, which is inadmissible. The High Court suggested the trial courts keep in mind the five golden principles —panchsheel — summed up in ‘Sharad Birdhichand Sarda vs State of Maharashtra’, …

Punjab & Haryana High Court Quashes Order To Lodge FIR Against Police Officer For Faulty Investigation, Cites Non-Compliance Of HC Rules
4 months, 3 weeks ago

Punjab & Haryana High Court Quashes Order To Lodge FIR Against Police Officer For Faulty Investigation, Cites Non-Compliance Of HC Rules

Live Law  

The Punjab and Haryana High Court has quashed the direction of a trial court to file case against a Police Officer who allegedly conducted faulty investigation in a criminal intimidation case.Trial Court had, while acquitting the accused persons in the case, said that an unfair and faulty investigation was conducted by both the investigating officers and the SHO concerned, thereby …

Madras High Court Grants Four More Months To Complete Trial In Money Laundering Case Against Former TN Minister Senthil Balaji
5 months, 3 weeks ago

Madras High Court Grants Four More Months To Complete Trial In Money Laundering Case Against Former TN Minister Senthil Balaji

Live Law  

The Madras High Court on Wednesday granted four more months to the Chennai Principal and Sessions Court to complete trial in the money laundering case initiated by the Enforcement Directorate against former Tamil Nadu Minister Senthil Balaji. In February this year, while dismissing the bail application of Balaji, Justice Anand Venkatesh had asked the trial court to complete the trial …

Prosecutrix's Testimony Concerning Factum Of Occurrence & Persons Involved Ought To Be Scrutinized Before Basing Conviction On It: J&K High Court
6 months, 2 weeks ago

Prosecutrix's Testimony Concerning Factum Of Occurrence & Persons Involved Ought To Be Scrutinized Before Basing Conviction On It: J&K High Court

Live Law  

Highlighting the importance of a consistent and credible narrative from the prosecutrix in rape cases the Jammu and Kashmir and Ladakh High Court has recently ruled that courts must undertake a rigorous scrutiny of a prosecutrix's testimony before reliance can be placed on it. Additionally, the investigating officer did not examine the victim's brother, who allegedly rescued her, or the …

'Prosecution Couldn't Prove Case Beyond Reasonable Doubt': Allahabad HC Acquits 3 Convicts In 44 Year Old Murder Case
6 months, 2 weeks ago

'Prosecution Couldn't Prove Case Beyond Reasonable Doubt': Allahabad HC Acquits 3 Convicts In 44 Year Old Murder Case

Live Law  

The Allahabad High Court recently set aside the conviction of three murder convicts sentenced to life imprisonment by a Sessions Court in June 1982 on the ground that the prosecution failed to prove the case beyond a reasonable doubt. The Court also noted that the recovery made under Section 27 of the Evidence Act was of “no value whatsoever”, and …

'Witnesses Cannot Be Expected To Present Parrot-Like Version Before Trial Court': Punjab & Haryana High Court Upholds Conviction In Murder Case
6 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 …

Conviction Can't Be Set Aside Merely Because Prosecution Witness Turned Hostile: Supreme Court
7 months, 2 weeks ago

Conviction Can't Be Set Aside Merely Because Prosecution Witness Turned Hostile: Supreme Court

Live Law  

The Supreme Court on Wednesday held that the evidence of a prosecution witness cannot be rejected in toto merely because the prosecution chose to treat him as hostile and cross-examined him. Affirming the decision of the High Court and Trial Court, the bench comprising Justices BR Gavai and Sandeep Mehta declined to aside the conviction of the accused merely because …

Departmental Proceedings And Proceedings In Criminal Case Can Proceed Simultaneously: CAT Jabalpur
7 months, 2 weeks ago

Departmental Proceedings And Proceedings In Criminal Case Can Proceed Simultaneously: CAT Jabalpur

Live Law  

The Central Administrative Tribunal, Jabalpur bench of Justice Akhil Kumar Srivastava and Kumar Rajesh Chandra held that departmental proceedings and proceedings in criminal case can proceed simultaneously, as there is no bar in their being conducted simultaneously, though separately. Subsequently, two criminal cases were filed against the Applicant, and following a departmental inquiry, the Disciplinary Authority ordered the Applicant's dismissal …

Name Of Minor Rape Victim Disclosed In Investigation & Trial: Rajasthan High Court Directs Sensitisation Program For Police, Judicial Officers
8 months, 1 week ago

Name Of Minor Rape Victim Disclosed In Investigation & Trial: Rajasthan High Court Directs Sensitisation Program For Police, Judicial Officers

Live Law  

Expressing concern about a situation where the identity of a rape victim was disclosed during investigation and trial, Rajasthan High Court has proposed an exercise of sensitization for the police officers and judicial officers to ensure that such instances do not repeat. “In this background, the court feels that an exercise of sensitization of the police officers and judicial officers …

S.397 CrPC | FIR Won't Stand Quashed If Revision Court Sets Aside Magistrate's Order For Police Investigation Into Cognizable Offence: Bombay HC Full Bench
8 months, 1 week ago

S.397 CrPC | FIR Won't Stand Quashed If Revision Court Sets Aside Magistrate's Order For Police Investigation Into Cognizable Offence: Bombay HC Full Bench

Live Law  

The Bombay High Court held recently that a court in its revisional jurisdiction cannot quash an FIR registered pursuant to the magistrate's order to police under section 156 CrPC to investigate a cognizable offence.A full bench of Justice Revati Mohite-Dere, Justice NJ Jamadar and Justice Sharmila U Deshmukh observed that FIR is a statutory power of the investigating agency and …

Madras High Court Removes Observation In Judgment That Origin Of Caste System Is Less Than A Century Old
9 months, 2 weeks ago

Madras High Court Removes Observation In Judgment That Origin Of Caste System Is Less Than A Century Old

Live Law  

The Madras High court has now removed the remarks made about the origin of caste system from its recent judgement in the pleas challenging the continuation of office of Minister Udayanidhi Stalin, Minister Sekar Babu and MP A Raja. In the judgment uploaded on March 6th, Justice Anita Sumanth had observed as under, "This Court agrees unequivocally that there are …

Criminal Proceedings Can't Be Quashed Merely Because Allegations Also Disclose A Civil Dispute Between Parties: Allahabad HC
11 months ago

Criminal Proceedings Can't Be Quashed Merely Because Allegations Also Disclose A Civil Dispute Between Parties: Allahabad HC

Live Law  

The Allahabad High Court has observed that a charge sheet and the criminal proceedings against an accused cannot be quashed merely because the allegations may also disclose a civil dispute between the parties. “The mere fact that the allegations also make out existence of civil dispute would not be a ground to quash the criminal proceedings when the allegations clearly …

'Yawning Gap In Evidence' : Supreme Court Finds Conviction Wrong In 2004 Murder Case; Sets Aside Concurrent Findings Of HC & Trial Court
11 months, 2 weeks ago

'Yawning Gap In Evidence' : Supreme Court Finds Conviction Wrong In 2004 Murder Case; Sets Aside Concurrent Findings Of HC & Trial Court

Live Law  

The Supreme Court has observed that when the prosecution case is solely based on the circumstantial evidence, then the courts must be vigilant while examining the facts proving the circumstantial evidence i.e., it must be consistent with the hypothesis of the guilt of the accused and should be free from doubts, improbabilities and inconsistencies. Reversing the concurrent findings of the …

Testimony Of Sole Eyewitness Who Is The Complainant Needs Examination With Great Caution : Supreme Court
1 year 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 …

Conviction Of Accused May Be Based On Statements Of Official Witnesses After Strict Scrutiny: Himachal Pradesh High Court
1 year, 1 month ago

Conviction Of Accused May Be Based On Statements Of Official Witnesses After Strict Scrutiny: Himachal Pradesh High Court

Live Law  

The Himachal Pradesh High Court has reiterated that evidence from official witnesses should not be doubted merely because of their official status and asserted that the presumption is that every witness is impartial and independent unless proven contrary. Statements of official witnesses can be the basis for the conviction of the accused; however, before basing conviction on the evidence of …

S.320 CrPC | No Automatic Acquittal On Mere Filing Of Application By Complainant For Compounding Of Offence: Kerala High Court
1 year, 1 month ago

S.320 CrPC | No Automatic Acquittal On Mere Filing Of Application By Complainant For Compounding Of Offence: Kerala High Court

Live Law  

The Kerala High Court on Wednesday laid down that mere filing of an application by the complainant for compounding of offences alleged does not automatically result in acquittal of accused.Bench of Justice K. Babu noted that Section 320 CrPC categorizes offences into two parts- Under Sub-section, certain offences have been listed which can be compounded without the permission of the. …

Bombay High Court Orders Release Of 30-Yr-Old Convicted In 41 Theft Cases And Sentenced To Over 83 Yrs Imprisonment
1 year, 5 months ago

Bombay High Court Orders Release Of 30-Yr-Old Convicted In 41 Theft Cases And Sentenced To Over 83 Yrs Imprisonment

Live Law  

The Bombay High Court has ordered the release of a 30-year-old man convicted in 41 theft cases and sentenced to over 83 year in prison, as the trial courts did not order his sentences to run concurrently. “if the petitioner is permitted to undergo imprisonment in all the aforesaid cases, he would be compelled to undergo imprisonment of approximately 83 …

‘Travesty of justice’: Bombay HC frees 30-yr-old Pune man sentenced to 83 years
1 year, 5 months ago

‘Travesty of justice’: Bombay HC frees 30-yr-old Pune man sentenced to 83 years

Hindustan Times  

MUMBAI: A 30-year-old Pune resident sentenced to 83 years in jail in 41 theft cases was ordered to be released by the Bombay high court, observing that if the bench did not interfere, it will result in a serious miscarriage of justice. Aslam Salim Shaikh approached the Bombay high court in 2022, complaining that he was illiterate, too poor to …

Jammu & Kashmir High Court Sets Aside Rape Conviction After 17 Yrs, Says Non-Compliance With Section 313 CrPC Prejudiced Accused
1 year, 5 months ago

Jammu & Kashmir High Court Sets Aside Rape Conviction After 17 Yrs, Says Non-Compliance With Section 313 CrPC Prejudiced Accused

Live Law  

While setting aside a rape conviction handed down 17 years ago, the Jammu & Kashmir and Ladakh High Court highlighted a crucial failure on the part of the Trial Court to adhere to the mandatory procedure outlined in Section 313 of the Criminal Procedure Code. It emphasized that convicting the appellant-accused solely based on incriminating evidence, without providing an opportunity …

S.319 Cr PC| Person Not Named In FIR Can Be Added As Accused If There's Sufficient Evidence Of His Involvement : Supreme Court
1 year, 6 months ago

S.319 Cr PC| Person Not Named In FIR Can Be Added As Accused If There's Sufficient Evidence Of His Involvement : Supreme Court

Live Law  

The Supreme Court recently upheld an order of Allahabad High Court which dismissed an appeal filed by a person, who was not named in the FIR, under Section 14A of the Scheduled Castes and Scheduled Tribes Act, 1989 against a summoning order to face the trial passed by a Special Court in exercise of power its under Section 319 of …

‘Courts Below Failed To Properly Evaluate Evidence’: Supreme Court Acquits Two Convicts In 22 Year Old Murder Case
1 year, 6 months ago

‘Courts Below Failed To Properly Evaluate Evidence’: Supreme Court Acquits Two Convicts In 22 Year Old Murder Case

Live Law  

The Supreme Court recently set aside the conviction of two murder convicts under Sections 302, 34, 201 of IPC and Sections 4, 25 of Arms Act, on the ground that the prosecution failed to prove beyond reasonable doubt that the deceased was last seen alive in the company of the accused near the spot at the relevant time. It was …

Correctness Of Allegations In FIR To Be Tested During Trial; Not By High Court While Exercising Jurisdiction U/S 482 CrPC: Kerala High Court
1 year, 8 months ago

Correctness Of Allegations In FIR To Be Tested During Trial; Not By High Court While Exercising Jurisdiction U/S 482 CrPC: Kerala High Court

Live Law  

The Kerala High Court recently reiterated the view that the High Court, while exercising its power under Section 482 Cr.P.C. The counsels for the respondents also relied upon the decision in Minakshi Bala v. Sudhir Kumar & Ors., wherein it had been laid down that only in rarest of rare cases could the Court exercise the jurisdiction under Section 482 …

Gujarat High Court Allows Rape Accused To Use Victim’s Section 161 CrPC Statement Of Different Case To Contradict Her Allegations
1 year, 10 months ago

Gujarat High Court Allows Rape Accused To Use Victim’s Section 161 CrPC Statement Of Different Case To Contradict Her Allegations

Live Law  

The Gujarat High Court recently quashed a trial court order denying the accused opportunity to examine a police inspector in a rape case. The trial court had also observed that unless and until she is not examined by the court, the statement recorded under Section 161 of Cr.P.C. Before the registration of rape case, the victim's brother had lodged the …

Calcutta High Court Sets Aside Conviction Over Non-Recording Of Statement U/S 313 CrPC, Remands Case Back To Trial Court
1 year, 10 months ago

Calcutta High Court Sets Aside Conviction Over Non-Recording Of Statement U/S 313 CrPC, Remands Case Back To Trial Court

Live Law  

Setting aside the order of conviction and sentence against all accused in a culpable homicide case on the ground that one of the accused’s statement under Section 313 of the CrPC had not been recorded, the Calcutta High Court last week remitted the matter back to the trial court.A division bench of Justice Debangsu Basak and Justice Shabbar Rashidi adopted …

Victim’s Testimony Unreliable, Major Improvements Made: Allahabad HC Acquits Police Constable Convicted In Minor's Rape Case
1 year, 11 months ago

Victim’s Testimony Unreliable, Major Improvements Made: Allahabad HC Acquits Police Constable Convicted In Minor's Rape Case

Live Law  

The Allahabad High Court recently acquitted a police constable who was convicted in 2018 by a trial Court for allegedly raping a 16-year-old minor girl, after finding that the medical evidence did not support the prosecution’s case. The bench of Justice Ashwani Kumar Mishra and Justice Shiv Shanker Prasad also observed that there were major improvements in the testimony of …

Section 300 CrPC Bars The Trial of a Person Not Only For The Same Offence But Also For Any Other Offence On The Same Facts: Supreme Court
1 year, 11 months ago

Section 300 CrPC Bars The Trial of a Person Not Only For The Same Offence But Also For Any Other Offence On The Same Facts: Supreme Court

Live Law  

The Supreme Court has reiterated that Section 300 CrPC bars the trial of a person not only for the same offence but also for any other offence on the same facts.The court was hearing a Criminal Appeal that was filed assailing the judgment and order passed by the High Court of Kerala in Criminal Appeal Nos. The Supreme Court has …

Allahabad High Court Weekly Round Up: September 26 To October 2, 2022
2 years, 2 months ago

Allahabad High Court Weekly Round Up: September 26 To October 2, 2022

Live Law  

NOMINAL INDEX State of U.P. 2022 LiveLaw 454 Orders/Judgments of the Week Allahabad High Court Sentences Mukhtar Ansari To 5-Year Jail Under Gangsters Act In A 23-Year-Old Case Case title - State of U.P. 351 Of CSR If Govt Servant Is Found Guilty Of Grave Misconduct After Retirement: Allahabad HC Case title - Gaya Prasad Yadav v. State Of U.P.Thru.Prin.Secy.Home …

S.200 CrPC | Magistrate Can Implead Co-Accused Even After Taking Cognizance Of Crime & Committal To Competent Court: MP High Court
2 years, 3 months ago

S.200 CrPC | Magistrate Can Implead Co-Accused Even After Taking Cognizance Of Crime & Committal To Competent Court: MP High Court

Live Law  

The Madhya Pradesh High Court, Indore Bench recently held that a JMFC who had taken cognizance of a matter and committed the same to sessions court, can also entertain an application under Section 200 CrPC later, to implead other co-accused in the same crime. Disagreeing with the observations of JMFC, the sessions court set aside the order of rejection and …

Framing Of Charge | Court Merely Required To Sift Evidence On Record & Form Prima Facie Opinion Regarding Existence Of "Strong Suspicion": Madras HC
2 years, 3 months ago

Framing Of Charge | Court Merely Required To Sift Evidence On Record & Form Prima Facie Opinion Regarding Existence Of "Strong Suspicion": Madras HC

Live Law  

Madras High Court recently dismissed a revision petition moved by a man accused of cheating and forgery after observing that while deciding upon discharge, the High Court only had to sift through the evidence on record and form an opinion on whether there was a prima facie case and a strong suspicion against the accused. The case against the petitioner …

Conviction Solely On The Basis Of Extra Judicial Confession Cannot Be Sustained: Supreme Court
2 years, 4 months ago

Conviction Solely On The Basis Of Extra Judicial Confession Cannot Be Sustained: Supreme Court

Live Law  

Extra­ judicial confession was a weak piece of evidence and unless there was some corroboration, the conviction solely on the basis of extra ­judicial confession could not be sustained, the Supreme Court observed while upholding a High Court judgment which acquitted a murder accused.The prosecution case was that the accused had killed his wife with a lathi, dragged her 100 …

Statements Recorded U/S 164 CrPC Are Not Substantive Evidence, Can Only Be Used For Corroboration: Madras High Court Reiterates
2 years, 4 months ago

Statements Recorded U/S 164 CrPC Are Not Substantive Evidence, Can Only Be Used For Corroboration: Madras High Court Reiterates

Live Law  

The Madras High Court recently set aside an order of conviction of a man accused of murder after observing that the trial court was misled in corroborating the statement of witnesses recorded under S. 164 CrPC with the medical evidence when in fact all the independent witnesses had turned hostile. The trial court had erred in relying upon the statements …

Supreme Court Criminal Digest: June 2022
2 years, 5 months ago

Supreme Court Criminal Digest: June 2022

Live Law  

Code of Criminal Procedure 1973; Section 311 - Merely because a different statement given by the same prosecution witness in another case that itself would not be a reason for recalling the witness. Sanjay v. State, 2022 LiveLaw 555 Code of Criminal Procedure, 1973; Section 220 - trial for more than one offence - if in one series of acts …

Discussions About Working For Islam Not Incriminating: Bombay High Court Grants Bail To Man Accused Of IS Links After 7 Years Of Incarceration
2 years, 5 months ago

Discussions About Working For Islam Not Incriminating: Bombay High Court Grants Bail To Man Accused Of IS Links After 7 Years Of Incarceration

Live Law  

The Bombay High Court has granted bail to a man from Parbhani, accused of taking an oath of allegiance to the banned terror organisation Islamic State and booked under the Unlawful Activities Act. A division bench of Justices Revati Mohite Dere and VG Bisht granted bail to Mohammad Raisuddin noting that laboratories had given divergent views connecting "oath" document to …

S. 313 CrPC | Trial Court Is Required To Bring 'Specific Attention' Of Accused To Incriminating Materials: Meghalaya High Court
2 years, 6 months ago

S. 313 CrPC | Trial Court Is Required To Bring 'Specific Attention' Of Accused To Incriminating Materials: Meghalaya High Court

Live Law  

The Meghalaya High Court has set aside the conviction and the ensuing punishment of a murder accused due to failure of the Trial Court to discharge its duties properly as provided under Section 313 of the Code of Criminal Procedure, 1973. While passing an order for re-trial from the stage of Section 313, a Division Bench of Chief Justice Sanjib …

"No One Can Be Arrested Simply On Basis Of Assumption & Perception": Murder Accused Argues In Rajasthan High Court, Secures Bail
2 years, 6 months ago

"No One Can Be Arrested Simply On Basis Of Assumption & Perception": Murder Accused Argues In Rajasthan High Court, Secures Bail

Live Law  

The Rajasthan High Court has granted bail to a murder accused after hearing his counsel's arguments contending that no one can be arrested simply on the basis of assumption, presumption and perception. The appellant's counsel submitted that there is no eye-witness of the incident and the case of the prosecution is based on circumstantial evidence, however no circumstances are available …

Bombay High Court Decides Man's Appeal A Year After He Completed Punishment Of 10 Yrs Imprisonment, Reduces Sentence
2 years, 7 months ago

Bombay High Court Decides Man's Appeal A Year After He Completed Punishment Of 10 Yrs Imprisonment, Reduces Sentence

Live Law  

The Bombay High Court decided a labour contractor's appeal, a year after the 30-year-old man had served his complete 10-year-sentence and was released from the central Prison. The bench of Justice PD Naik upheld Luthpura Shaikh's conviction only for seven years regarding possession of counterfeit currency and acquitted him for graver charges attracting the 10-year-sentence. "The report tendered by learned …

"Evidence Of Witness Can't Be Disbelieved On Ground Of Minor Contradictions In Testimony": Allahabad High Court Upholds Murder Conviction
2 years, 8 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 …

S.313 CrPC | Trial Court Should Avoid Posing Long & Arduous Queries To Accused: Gauhati High Court
2 years, 8 months ago

S.313 CrPC | Trial Court Should Avoid Posing Long & Arduous Queries To Accused: Gauhati High Court

Live Law  

The Gauhati High Court observed that under Section 313 CrPC, the trial court should avoid posing long and arduous queries to the accused and instead bring to his notice, in a concise form, only the incriminating evidence available on record against him. A Division Bench of Justices Suman Shyam and Malasari Nandi remarked that section 313 CrPC is to afford …

Undesirable For Courts To Make Remarks Censuring Action Of Police Officers Unless Strictly Relevant For The Case: Delhi High Court
2 years, 8 months ago

Undesirable For Courts To Make Remarks Censuring Action Of Police Officers Unless Strictly Relevant For The Case: Delhi High Court

Live Law  

The Delhi High Court has observed that it is undesirable for Courts to make remarks censuring the action of police officers unless such remarks are strictly relevant for the case.Justice Jasmeet Singh expunged the remarks made against the Investigating Officer by a Trial Court in a criminal revision case. The Delhi High Court has observed that it is undesirable for …

"Extra-Judicial Confession Not Corroborated": Allahabad High Court Upholds Acquittal Of Murder-Robbery Accused
2 years, 9 months ago

"Extra-Judicial Confession Not Corroborated": Allahabad High Court Upholds Acquittal Of Murder-Robbery Accused

Live Law  

The Allahabad High Court recently upheld the acquittal of a Murder-Robbery accused as it noted that the alleged extrajudicial confession made by all the accused persons was highly unnatural and the same was not corroborated by any other evidence.Essentially, the Bench of Justice Vivek Kumar Birla and Justice Subhash Vidyarthi was hearing an appeal filed by the informant of the …

S.409 IPC| Prosecution Must Prove Accused Committed Criminal Breach Of Trust Qua Property Entrusted In "Capacity Of Public Servant": Himachal Pradesh HC
2 years, 9 months ago

S.409 IPC| Prosecution Must Prove Accused Committed Criminal Breach Of Trust Qua Property Entrusted In "Capacity Of Public Servant": Himachal Pradesh HC

Live Law  

"With a view to constitute an offence under S. 409 IPC, prosecution is required to prove that the accused was entrusted with property in the capacity of a public servant and he committed criminal breach of trust qua that property," the Himachal Pradesh High Court has held. The remarks were made by Justice Sandeep Sharma while adjudicating upon an appeal …

Statement Of Witness Recorded U/S 161 CrPC Is Only For Confrontation In Cross-Examination, Does Not Fall Within Ambit Of Evidence: Allahabad HC
2 years, 9 months ago

Statement Of Witness Recorded U/S 161 CrPC Is Only For Confrontation In Cross-Examination, Does Not Fall Within Ambit Of Evidence: Allahabad HC

Live Law  

"It is crystal clear in the catena of judgement that statement of the witness recorded under Section 161 Cr.P.C. The statement of witness recorded under Section 161 Cr.P.C., being wholly, inadmissible in evidence, cannot be taken into consideration," the Allahabad High Court has held recently. The Bench noted that in reaching the conclusion of guilt, the trial Court had relied …

Mere Vague Belief That Accused May Thwart Investigation Cannot Be A Ground To Prolong The Incarceration: Delhi High Court
2 years, 9 months ago

Mere Vague Belief That Accused May Thwart Investigation Cannot Be A Ground To Prolong The Incarceration: Delhi High Court

Live Law  

The Delhi High Court has observed that mere vague belief that the accused may thwart the investigation cannot be a ground to prolong the incarceration of the accused.Justice Subramonium Prasad added that if there is no apprehension of interference in administration of justice in a criminal trial by an accused, then the Court should be circumspect while considering depriving the …

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