Legal Maxim – ‘Falsus in uno, falsus in omnibus’ – Though this is only a rule of caution and has not assumed the status of a rule of law in the Indian context, an attempt must be made to separate truth from falsehood and where such separation is impossible, there cannot be a conviction, (Para …
Criminal Trial -As a matter of rule, the Constitutional Courts should not fix a time-bound schedule for conduct of cases before the Trial and other Courts and the said approach can be adopted only in very exceptional cases. Notwithstanding the pronouncement of law by the Constitution Bench of this Court, we have noticed that several …
Ram Bahadur Magar @ Sanki @ Rabin vs State Of West Bengal – Criminal Trial – Bail Read More »
Indian Penal Code,1860; Section 307 – A conviction under Section 307 of the IPC may be justified only if the accused in question possessed intent coupled with some overt act in aid of its execution. Ascertaining the intention to kill or having the knowledge that death may be caused as a result of the overt …
Code Of Criminal Procedure, 1973; Section 161- Indian Evidence Act,1872; Section 32- A statement made by a person who is dead, as to the cause of his death or to the circumstances of the transaction which resulted in his death, to a Police Officer and which has been recorded under Section 161 CrPC, shall be …
Indian Evidence Act, 1872– Mere marking of exhibit upon the letter without the expert deposing about the opinion given therein would not dispense with the proof of contents of the document as per the mandate of the Indian Evidence Act, 1872. (Para 36) Criminal Trial -Where the medical evidence goes so far that it completely …
Vinod Jaswantray Vyas (D) vs State Of Gujarat 2024 INSC 490 – Evidence Act Read More »
Criminal Trial –An extra-judicial confession is used against its maker but as a matter of caution, advisable for the court to look for a corroboration with the other evidence on record – The normal rule of human conduct is that if a person wants to confess to the crime committed by him, he will do …
Ratnu Yadav vs State Of Chhattisgarh 2024 INSC 487 – Extra Judicial Confession Read More »
Criminal Trial – In a case where the identity of the accused is not known and TIP has not been conducted, the court has to see if there was any description of the accused either in the FIR or in any of the statement of witness recorded during the investigation- The identification of an accused …
Vishwanatha vs State Of Karnataka 2024 INSC 482 – Criminal Trial – TIP Read More »
Criminal Trial –The normal rule of human conduct is that a person would confess the commission of a serious crime to a person in whom he has implicit faith. The accused had worked in prosecution witness’s shop only for five months in 2004. The accused was otherwise not known to him. Therefore, it is unnatural …
Criminal Trial – Test Information Parade – TIP is only a part of Police investigation. The identification in TIP of an accused is not a substantive piece of evidence. The substantive piece of evidence, or what can be called evidence is only dock identification that is identification made by witness in Court during trial- In …
P Sasikumar vs State 2024 INSC 474 – Test Information Parade Read More »
Criminal Trial – The threshold for disbelieving a witness is not mere discrepancy or inconsistency but material discrepancy and inconsistency, which renders the account narrated by the witnesses so highly improbable that the same may safely be discarded altogether from consideration. (Para 15) Indian Evidence Act, 1872; Section 134 -No particular number of witnesses is …
Joy Devaraj vs State Of Kerala 2024 INSC 473 – Criminal Trial – S 300 IPC – Murder Read More »