Inconclusivity Of Blood Stains Not Relevant When Disclosure Statement & Link Of Other Circumstantial Evidence Stands Proven: Punjab & Haryana HC
2 years, 2 months ago

Inconclusivity Of Blood Stains Not Relevant When Disclosure Statement & Link Of Other Circumstantial Evidence Stands Proven: Punjab & Haryana HC

Live Law  

The Punjab and Haryana High Court while dealing with a case of murder based on circumstantial evidence, affirmed lower court's decision finding chain of circumstances conclusively proving the guilt of accused-Appellant. The bench comprising Justices Sureshwar Thakur and N.S.Shekhawat observed that inconclusivity of serologist's opinion about blood stains on the murder weapon and clothes. The bench comprising Justices Sureshwar Thakur and N.S.Shekhawat observed that inconclusivity of serologist's opinion about blood stains on the murder weapon and clothes of accused pales insignificant when links in the chain of incriminatory circumstances stand established by the prosecution. "The reason becomes comprised in the factum, that only if the investigating officer concerned, had collected the FTM card, revealing the blood group of the deceased, rather from the latter's family members, thereupon alone, the serologist concerned, would become facilitated to make an apposite best comparison or matchings, otherwise not, and, if yet an opinion favourable to the accused hence arose, thereupon may be a finding of acquittal was renderable.

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History of this topic

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

'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 …

Increased Acquittals: High Court Sets 1-Year Outer Limit To Establish Fully Equipped Forensic Labs In Punjab, Haryana & Chandigarh
2 years, 3 months ago

Increased Acquittals: High Court Sets 1-Year Outer Limit To Establish Fully Equipped Forensic Labs In Punjab, Haryana & Chandigarh

Live Law  

The High Court has directed the governments of Punjab, Haryana and Chandigarh UT to establish fully equipped Forensic Science Laboratories, keeping in mind the increase in crime rate and the need for forensic evidence in criminal trials.The bench comprising Justices Sureshwar Thakur and N.S. The High Court has directed the governments of Punjab, Haryana and Chandigarh UT to establish fully …

Witness Testimony Inconsistent With Medical Evidence : Supreme Court Alters Conviction For Murder
3 years, 1 month ago

Witness Testimony Inconsistent With Medical Evidence : Supreme Court Alters Conviction For Murder

Live Law  

The Supreme Court has converted the conviction of appellants from Murder to Voluntarily causing grievous hurt by dangerous weapons under the Indian Penal Code on the basis of inconsistencies between oral testimony of witnesses and medical evidence on record.A Bench of Justices L.Nageswara Rao and B.V.Nagarathna relied on Amar Singh v State of Punjab, wherein the. The Supreme Court has …

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