Criminal Trial

Ram Bahadur Magar @ Sanki @ Rabin vs State Of West Bengal – Criminal Trial – Bail

September 5, 2024 / By

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 …

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Raju vs State of Uttarakhand 2024 INSC 633 – S 307 IPC – Criminal Trial – Appeal Against Acquittal

August 28, 2024 / By

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 …

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Dharmendra Kumar @ Dhamma vs State of Madhya Pradesh 2024 INSC 480 – S 161 CrPC -S 32 Evidence Act – FIR

August 19, 2024 / By

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 …

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Vinod Jaswantray Vyas (D) vs State Of Gujarat 2024 INSC 490 – Evidence Act

August 18, 2024 / By

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 …

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Ratnu Yadav vs State Of Chhattisgarh 2024 INSC 487 – Extra Judicial Confession

August 18, 2024 / By

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 …

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Vishwanatha vs State Of Karnataka 2024 INSC 482 – Criminal Trial – TIP

August 16, 2024 / By

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 …

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Lal Mohammad Manjur Ansari vs State Of Gujarat 2024 INSC 475 – Criminal Trial – Confesssion

August 16, 2024 / By

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 …

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P Sasikumar vs State 2024 INSC 474 – Test Information Parade

August 16, 2024 / By

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 …

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Joy Devaraj vs State Of Kerala 2024 INSC 473 – Criminal Trial – S 300 IPC – Murder

August 16, 2024 / By

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 …

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Allarakha Habib Memon vs State Of Gujarat 2024 INSC 590 – FIR – S 26 Evidence Act

August 10, 2024 / By

Code Of Criminal Procedure, 1973; Section 154,161,162– When the police officer does not deliberately record the FIR on receipt of information about cognizable offence and the FIR is prepared after reaching the spot after due deliberations, consultations and discussion, such a complaint cannot be treated as FIR and it would be a statement made during …

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