Benefit Of Infirmities In Investigation Is To Be Given To Accused: SC [Read Judgment]
7 years, 4 months ago

Benefit Of Infirmities In Investigation Is To Be Given To Accused: SC [Read Judgment]

Live Law  

Benefit of infirmities in the investigation by the prosecution is to be given to the accused, the Supreme Court said, in State of Uttarakhand vs Jairnail Singh, while upholding a high court verdict reversing conviction awarded by the trial court.Jairnail Singh was convicted by the trial court under Section 307 IPC and Section 25 of the Arms Act. Benefit of infirmities in the investigation by the prosecution is to be given to the accused, the Supreme Court said, in State of Uttarakhand vs Jairnail Singh, while upholding a high court verdict reversing conviction awarded by the trial court. Noticing several infirmities in the prosecution case, the high court acquitted the accused. The prosecution, in our view, should have taken care of some of the infirmities noticed by the High Court and appropriate steps should have been taken before filing of the charge-sheet to overcome them.

Court State Accused High Read Judgment Jairnail Singh Infirmities  investigation  prosecution  noticed  court  accused  high  read  judgment  reversing  sc  singh  trial  infirmities  given  state  benefit

History of this topic

Medical Testimony Not Merely Corroborative But Independent Evidence, May Establish Facts Apart From Other Oral Evidence: J&K High Court
3 months, 3 weeks ago

Medical Testimony Not Merely Corroborative But Independent Evidence, May Establish Facts Apart From Other Oral Evidence: J&K High Court

Live Law  

Highlighting the critical role of medical evidence in criminal trials, the Jammu and Kashmir and Ladakh High Court has observed, that the evidence of a medical witness is very crucial to corroborate the case of prosecution and it is not merely a check upon testimony of eyewitnesses as it is also independent testimony because it may establish certain facts, quite …

Motive Need Not Be Proved When Prosecution Case Is Proved By Credible Eye-Witness: Punjab & Haryana HC Upholds Conviction For Double Murder
4 months ago

Motive Need Not Be Proved When Prosecution Case Is Proved By Credible Eye-Witness: Punjab & Haryana HC Upholds Conviction For Double Murder

Live Law  

The Punjab and Haryana High Court upheld the conviction in a double murder case wherein the convict was sentenced to life for shooting his mother-in-law and brother-in-law dead in 2012.Justice Sureshwar Thakur and Justice Sudeepti Sharma said, "the non proof of motive by the prosecution looses its vigour, thus on the ground, that the motive may be required to be …

Benefit Of Doubt Can't Be Given To Accused Citing Absence Of Injuries On Rape Victim's Body: Punjab & Haryana High Court Reiterates
4 months, 2 weeks ago

Benefit Of Doubt Can't Be Given To Accused Citing Absence Of Injuries On Rape Victim's Body: Punjab & Haryana High Court Reiterates

Live Law  

The Punjab & Haryana High Court has upheld the conviction in rape case of a 6-year-old victim, observing that "even in the absence of injuries on the body of prosecutrix, the benefit of doubt cannot be granted to the accused. "Justice Anupinder Singh Grewal and Justice Kirti Singh observed that, "Crimes involving violence against women must be met with severe …

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 …

Death Sentence(Trial Court)- Acquittal(HC) –Finally SC Awards Lifer To Accused In A 22-Year-Old Murder Case [Read Judgment]
7 years, 8 months ago

Death Sentence(Trial Court)- Acquittal(HC) –Finally SC Awards Lifer To Accused In A 22-Year-Old Murder Case [Read Judgment]

Live Law  

The Supreme Court has awarded life imprisonment to the accused who were held guilty for the death of three persons including a child, in Uttar Pradesh, which happened 22 years ago,The Trial Court in the instant case, had imposed death penalty on the accused. The High Court not only negatived the death sentence reference, but also acquitted the accused, in …

If prosecution suppresses the genesis and origin of occurrence of crime, accused are entitled to get benefit of doubt: SC [Read Judgment]
8 years, 9 months ago

If prosecution suppresses the genesis and origin of occurrence of crime, accused are entitled to get benefit of doubt: SC [Read Judgment]

Live Law  

The Supreme Court in Bhagwan Sahai vs. State of Rajasthan has restated that if the prosecution has suppressed the genesis and origin of the occurrence of crime, the accused are entitled to get benefit of doubt.Setting aside the judgment of the High Court which had found the accused guilty under section 308/34 of the IPC, Division Bench comprising of Justices …

Discover Related