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Articles for Appellants, search results for witnesses

Trial Court Erred In Closing Evidence Upon Refusal Of Accused's Counsel To Enter Appearance: Rajasthan HC Sets Aside POCSO Conviction
3 weeks, 3 days ago

Trial Court Erred In Closing Evidence Upon Refusal Of Accused's Counsel To Enter Appearance: Rajasthan HC Sets Aside POCSO Conviction

Live Law  

Rajasthan High Court has set aside the conviction of a man convicted by the Special POCSO Court on the grounds that when the appellant's counsel refused to appear, instead of appointing an Amicus Curiae at that instance, the trial court closed the evidence. It was contended by the Amicus Curiae on behalf of the appellant that on account of trial …

Counsel Court Trial Court Appellant Curiae Amicus
[Dowry Death] When Offence Committed Inside House, Initial Burden Of Proof Rests On Prosecution But Degree Becomes Lighter: Patna High Court
1 month, 1 week ago

[Dowry Death] When Offence Committed Inside House, Initial Burden Of Proof Rests On Prosecution But Degree Becomes Lighter: Patna High Court

Live Law  

The Patna High Court has clarified that, under Section 106 of the Indian Evidence Act, requiring an appellant to explain the cause of a deceased's death without the prosecution first proving basic facts would amount to an improper interpretation of the law. The Court stated that the prosecution must establish foundational facts showing involvement of the appellant and others in …

Trial Evidence Court Prosecution Fir Act Pat
'Major Contradictions In Statements Of Police/ Eyewitnesses': Allahabad HC Acquits 3 Murder Accused In 23 Year Old Case
4 months, 3 weeks ago

'Major Contradictions In Statements Of Police/ Eyewitnesses': Allahabad HC Acquits 3 Murder Accused In 23 Year Old Case

Live Law  

The Allahabad High Court on Monday set aside the conviction and acquitted three men who were sentenced to life imprisonment for committing the offence of murder after noting that there were significant contradictions in the statements of eyewitnesses and police witnesses. “Considering the evidence and other material on record in its entirety, we are of the view that the learned …

Court Witnesses Case Statements Appellants Singh Vijay
NDPS Act | Can Convict Accused Based On Testimony Of Police/DRI Witnesses If It Inspires Confidence: Allahabad HC
6 months ago

NDPS Act | Can Convict Accused Based On Testimony Of Police/DRI Witnesses If It Inspires Confidence: Allahabad HC

Live Law  

The Allahabad High Court has observed that an accused's conviction in a case under the Narcotic Drugs and Psychotropic Substances Act may safely be based on the testimony of police witnesses or witnesses of the Directorate of Revenue Intelligence if such testimony inspires confidence. Defending the trial court's judgment, Senior Standing Counsel Digvijay Nath Dubey, appearing for the DRI, argued …

Trial Evidence Court Witnesses Prosecution Case Appellants
S.494 IPC | Friends/Relatives Can't Be Held To Have Common Intention For Offence Of Bigamy By Mere Presence In Second Marriage: Supreme Court
7 months, 1 week ago

S.494 IPC | Friends/Relatives Can't Be Held To Have Common Intention For Offence Of Bigamy By Mere Presence In Second Marriage: Supreme Court

Live Law  

The Supreme Court, in a recent judgment, held that the charge under the offence of bigamy, punishable under Section 494 of the Indian Penal Code, can be framed only against the spouse to the second marriage. By the mere presence of friends and relatives in the second marriage, it cannot be held that they had the common intention to commit …

Marriage Court Accused Ipc Second Appellants Offence
Examination In Chief Of Witnesses Without Recording Their Cross-Examination Is Contrary To Law: Supreme Court
8 months, 4 weeks ago

Examination In Chief Of Witnesses Without Recording Their Cross-Examination Is Contrary To Law: Supreme Court

Live Law  

The Supreme Court observed that recording only the examination in chief of witnesses without recording their cross-examination is contrary to the law. While the Top Court was hearing the case, it was apprised that the Trial Court recorded the examination-in-chief of 12 prosecution witnesses one after the other on different dates without recording their cross-examination. “Before recording the examination-in-chief of …

Law Supreme Court Trial Court Witnesses Prosecution Recording
Court Can Draw Adverse Inference Against Prosecution For Non-Examination Of Material Witness: Patna High Court Acquits Life Convicts
1 year, 2 months ago

Court Can Draw Adverse Inference Against Prosecution For Non-Examination Of Material Witness: Patna High Court Acquits Life Convicts

Live Law  

In a significant legal development, the Patna High Court, acquitted the accused persons in a murder case, setting aside their conviction. One of the primary issues before the Court was whether the non-examination of material witnesses, namely Rahul Paswan, Ghamri Ansari, and Sanju Singh, who had assisted the informant in rescuing the deceased from the pond and were alleged to …

Evidence Court Witness Witnesses Prosecution Case Appellants
S.302 IPC | Just Because Motive And Enmity Is Not Established, Doesn't Mean Accused Will Get Brownie Points: MP High Court
2 years ago

S.302 IPC | Just Because Motive And Enmity Is Not Established, Doesn't Mean Accused Will Get Brownie Points: MP High Court

Live Law  

The Madhya Pradesh High Court recently held that a person can be convicted for murder based on an authentic dying declaration of the deceased, even if the prosecution is unable to establish any motive or prior enmity on the part of the accused. The Court also noted that if it is found that the dying declaration was true and voluntary, …

Court State Ipc Declaration Dying Dying Declaration Motive
Bombay High Court Overturns Dacoity Conviction Citing Lapses In Arrangement Of Test Identification Parade By The Police
2 years, 3 months ago

Bombay High Court Overturns Dacoity Conviction Citing Lapses In Arrangement Of Test Identification Parade By The Police

Live Law  

The Bombay High Court overturned conviction of four accused in a dacoity case observing that the prosecution's evidence was unreliable due to irregularities in arranging the test identification parade. The trial court examined 12 witnesses including two victims, the pancha for recovery, the Tahsildar who had conducted the test identification parade and the investigating officers. The court also noted the …

Evidence Court Victims Prosecution Accused Appellants Fir
Prosecution Must Prove 'Last Seen Theory' Connecting Accused With Commission Of Offence Beyond All Reasonable Doubt: Tripura High Court
2 years, 4 months ago

Prosecution Must Prove 'Last Seen Theory' Connecting Accused With Commission Of Offence Beyond All Reasonable Doubt: Tripura High Court

Live Law  

The Tripura High Court has held that it is the prosecution which has to prove the "last seen theory", together with the other connecting circumstances, to show that except the accused, no other person could have committed the alleged offence. The observation came from a division bench of Justice T. Amarnath Goud and Justice Arindham Lodh: "It is the prosecution …

Court Prosecution Appellants Alleged Seen Tripura High Evidences
Testimony Of A Witness In A Criminal Trial Cannot Be Discarded Merely Because Of Minor Contradictions Or Omissions: Supreme Court
2 years, 8 months ago

Testimony Of A Witness In A Criminal Trial Cannot Be Discarded Merely Because Of Minor Contradictions Or Omissions: Supreme Court

Live Law  

The Supreme Court observed that the testimony of a witness in a criminal trial cannot be discarded merely because of minor contradictions or omissions.The bench comprising CJI NV Ramana, Justices Krishna Murari and Hima Kohli also observed that medical evidence adduced by the prosecution has great corroborative value.The court was considering appeals filed against the Patna High Court. The court …

Supreme Court Trial Evidence Witness Criminal Medical Evidence Prosecution
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 …

Medical Supreme Court Murder Evidence Witness Witnesses Medical Evidence
Kerala High Court Grants Pre-Arrest Bail To 2 Men Accused Of Attacking Sabarimala Activist; Finds Allegations Prima Facie Mala Fide
3 years, 9 months ago

Kerala High Court Grants Pre-Arrest Bail To 2 Men Accused Of Attacking Sabarimala Activist; Finds Allegations Prima Facie Mala Fide

Live Law  

The Kerala High Court recently allowed pre-arrest bail to two persons accused of being part of a group that sprayed 'chemical' spray on activist Bindu Ammini when she approached the Ernakulam City Commissioner's office in 2019 seeking police protection for her pilgrimage to the Sabarimala temple. statement that the appellants along with the first accused came near to the victim …

Court Victim Men Statement Accused Appellants Sabarimala
Payal Tadvi Suicide : SC Permits Accused Doctors To Re-Enter College And Resume Studies [Read Judgment]
4 years, 2 months ago

Payal Tadvi Suicide : SC Permits Accused Doctors To Re-Enter College And Resume Studies [Read Judgment]

Live Law  

The Supreme Court on Thursday permitted the doctors accused of abetting the suicide of Dr.Payal Tadavi to re-enter the College and the Hospital to pursue their courses of study.The three doctors, Dr. Ankita Kailash Khandelwal, Dr. Hema Suresh Ahuja and Dr. Bhakti Arvind Mehare are accused of abetting the suicide of Dr.Payal Tadavi by humiliating her and passing disparaging remarks …

Court Doctors Hospital College Appellants Shall Post Graduate