Indian Evidence Act 1872 – Section 106– There are two important consequences that play out when an offence is said to have taken place in the privacy of a house, where the accused is said to have been present. Firstly, the standard of proof expected to prove such a case based on circumstantial evidence is …
Criminal Trial – A conviction could be based solely on the basis of the evidence of a solitary witness, however, the testimony of such a witness is required to be found to be credible and trustworthy. It is also necessary to examine the testimony of such a witness critically – Circumstantial Evidence – the circumstances …
Indian Penal Code 1860 – Section 302 – Death Sentence –Doctrine of “rarest of rare” requires that death sentence should not be imposed only by taking into consideration the grave nature of crime but only if there is no possibility of reformation by a criminal. (Para 32) Criminal Trial – Non-examination of independent witnesses by …
Criminal Trial – Murder Case – Merely because the witness knew the deceased, it cannot be said that he was an interested witness or an unreliable witness. [Supreme Court upheld murder conviction]
Code Of Criminal Procedure,1973; Section 173(8)- Where fresh materials come to light which would implicate persons not previously accused or absolve persons already accused or where it comes to the notice of the investigating agency that a person already accused of an offence has a good alibi, it may be the duty of the investigating …
K Vadivel vs K Shanthi 2024 INSC 746 – CrPC – Further Investigation – Speedy Justice – Read More »
Indian Penal Code,1860; Section 34 [BNS 2023; Section 3(5)]– There cannot be a fixed timeframe for formation of common intention. It is not essential for the perpetrators to have had prior meetings to conspire or make preparations for the crime. Common intention to commit murder can arise even moments before the commission of the act. …
Baljinder Singh @ Ladoo vs State Of Punjab 2024 INSC 738 – S 34,149 IPC – Ss 464 CrPC – Read More »
Criminal Trial -A post mortem report is generally not considered as conclusive evidence of the facts mentioned in the re-port regarding the cause of death, time of death etc. It could always be corroborated with other direct evidence on record such as ocular evidence of the eye witnesses. However, when there is no other credible …
Indian Penal Code,1860; Section 299-304- Conviction does not depend upon whether the dead body is found, if reliable evidence, direct or circumstantial, of the commission of homicide is established despite the non-tracing of the dead body (Para 30 of Ravikumar J Judgment)- production of a dead body to prove a murder is not necessary in …
Criminal Trial -Sentencing – Death Penalty – The age of the accused at the time of commission of crime along with other factors can certainly be taken into consideration as to whether the death penalty needs to be commuted or not- In this case, Appellant convicted for offences punishable under Sections 450, 376(2)(i), 376D, 376A …
Rabbu @ Sarvesh vs State Of Madhya Pradesh 2024 INSC 720 – Rape – Death Penalty Commuted Read More »
Summary: Appeal by accused convicted in murder case – Allowing appeal, SC observed: the prosecution version leaves significant chinks and cracks in the chain of circumstances- Prosecution evidence does not establish a case beyond doubt against the appellant.