Courts Shall Not Surrender Own Judgment To ‘Expert’ Witnesses: SC [Read Judgment]
7 years, 11 months ago

Courts Shall Not Surrender Own Judgment To ‘Expert’ Witnesses: SC [Read Judgment]

Live Law  

It observed that an expert’s opinion should be demonstrative and supported by convincing reasons.Court cannot be expected to surrender its own judgment and delegate its authority to a third person, however great, the Supreme Court, in Machindra vs Sajjan Galpha Rankhamb, has observed while upholding a high court order which has set aside conviction of accused in a murder case.In the. Court cannot be expected to surrender its own judgment and delegate its authority to a third person, however great, the Supreme Court, in Machindra vs Sajjan Galpha Rankhamb, has observed while upholding a high court order which has set aside conviction of accused in a murder case. In this context, a bench comprising Justice Pinaki Chandra Ghose observed that an expert’s opinion should be demonstrative and supported by convincing reasons. Affirming the high court order which had set aside the trial court order of conviction, the bench said if the report of an expert is slipshod and inadequate or cryptic and information on similarities or dissimilarities is not available in the report of an expert, then his opinion is of no value.

Opinion Court Expert Own Judgment  sc  judgment  report  set  witnesses  expert  surrender  read  observed  opinion  order  shall  injuries  bench  accused  supported  court  courts

History of this topic

Oral Testimony Of General Witness About Nature Of Injury Sans Medical Evidence/ Expert Opinion Insufficient To Prove Homicidal Death: Patna HC
3 months ago

Oral Testimony Of General Witness About Nature Of Injury Sans Medical Evidence/ Expert Opinion Insufficient To Prove Homicidal Death: Patna HC

Live Law  

The Patna High Court has recently upheld the acquittal of three women accused of murder, while ruling that oral testimony of general witnesses regarding nature of injury suffered by the deceased is insufficient to establish homicidal death. But there is no such medical evidence on record and hence, the prosecution has failed to prove beyond reasonable doubts the homicidal death …

Medical Testimony Not Merely Corroborative But Independent Evidence, May Establish Facts Apart From Other Oral Evidence: J&K High Court
3 months, 2 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 …

Conviction Can't Be Set Aside Merely Because Prosecution Witness Turned Hostile: Supreme Court
10 months, 1 week 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 …

Death Sentence Only When The Alternative Option Is Unquestionably Foreclosed: SC [Read Judgment]
6 years, 1 month ago

Death Sentence Only When The Alternative Option Is Unquestionably Foreclosed: SC [Read Judgment]

Live Law  

The Supreme Court commuted death penalty of a man accused of rape and murder of a nine year old girl and sentenced him to 30 years imprisonment without remission. The bench comprising Justice SA Bobde, Justice L. Nageswara Rao and Justice R. Subhash Reddy observed that, even though the murder involves exceptional depravity and the manner of commission of the …

Complainant And IO Same: Two Judge Bench Doubts The Recent Three Judge Bench Judgment
6 years, 2 months ago

Complainant And IO Same: Two Judge Bench Doubts The Recent Three Judge Bench Judgment

Live Law  

A two judge bench of Supreme Court, yesterday, expressed its disagreement with the view taken by a three-judge bench in Mohan Lal vs. State of Punjab where it held that that the accused is entitled to acquittal if informant and the investigator in NDPS cases is the same person. Referring to the said judgment and also taking note of some …

Order Of Acquittal Cannot Be Interfered With On Ground That Different View Is Possible: SC Reiterates [Read Judgment]
6 years, 3 months ago

Order Of Acquittal Cannot Be Interfered With On Ground That Different View Is Possible: SC Reiterates [Read Judgment]

Live Law  

The Supreme Court on Tuesday asserted that an order of acquittal cannot be interfered with on the ground that a different view was possible on the basis of evidence available on record.A bench comprising Justice L. Nageswara Rao and Justice R. Subhash Reddy asserted, “Interference with an order of acquittal is not permissible on the ground that a different view …

Eye Witnesses’ Evidence Can’t Be Doubted On The Ground That They Made No Attempts To Save The Deceased: SC [Read Judgment]
6 years, 8 months ago

Eye Witnesses’ Evidence Can’t Be Doubted On The Ground That They Made No Attempts To Save The Deceased: SC [Read Judgment]

Live Law  

‘On witnessing a crime, each person reacts in his own way and their evidence cannot be doubted on the ground that the witness has not acted in a particular manner.’While affirming conviction in a murder case, the Supreme Court in Motiram Padu Joshi v. State Of Maharashtra, reiterated that evidence of the eye witnesses cannot be doubted on the ground …

Courts Shall Not Surrender Own Judgment To ‘Expert’ Witnesses: SC [Read Judgment]
7 years, 11 months ago

Courts Shall Not Surrender Own Judgment To ‘Expert’ Witnesses: SC [Read Judgment]

Live Law  

It observed that an expert’s opinion should be demonstrative and supported by convincing reasons.Court cannot be expected to surrender its own judgment and delegate its authority to a third person, however great, the Supreme Court, in Machindra vs Sajjan Galpha Rankhamb, has observed while upholding a high court order which has set aside conviction of accused in a murder case.In …

SC Reserves Judgment In Soumya Murder Case
8 years, 6 months ago

SC Reserves Judgment In Soumya Murder Case

Live Law  

The Supreme Court has reserved its judgment in Soumya murder case after concluding the final hearing in appeal filed by convict Govindachami.The Bench, which was reportedly seen convinced on the aspect that the victim was raped, however expressed its doubts on whether she was pushed by the accused out of the train, which resulted in her death.The Bench observed: “"The …

SC Reserves Judgment In Soumya Murder Case
8 years, 6 months ago

SC Reserves Judgment In Soumya Murder Case

Live Law  

The Supreme Court has reserved its judgment in Soumya murder case after concluding the final hearing in appeal filed by convict Govindachami.The Bench, which was reportedly seen convinced on the aspect that the victim was raped, however expressed its doubts on whether she was pushed by the accused out of the train, which resulted in her death.The Bench observed: “"The …

Nirbhaya: Defence lawyer's new weird theories and SC's admonition
8 years, 7 months ago

Nirbhaya: Defence lawyer's new weird theories and SC's admonition

Live Law  

"Just because we are permitting you sufficient time does not mean that you can say whatever you want and at time become indifferent. No No No this just cannot be permitted": SC Special Bench to M L Sharma.As the hearing of the appeal filed by four death row convicts in the Nirbhaya case progresses in the Supreme Court, the special …

Death from Trial Court, Acquittal from High Court and Life Sentence from Supreme Court [Read Judgment]
9 years ago

Death from Trial Court, Acquittal from High Court and Life Sentence from Supreme Court [Read Judgment]

Live Law  

In these days, civilized people are generally insensitive to come forward to give any statement in respect of any criminal offence. Unless it is inevitable, people normally keep away from the Court as they feel it distressing and stressful, the Bench said.Supreme Court in Sadhu Saran Singh vs. State of UP, taking note of the reluctance of people to come …

Discover Related