Indian Evidence Act,1872; Section 106- When the prosecution has not discharged the burden on it to prove that the accused was last seen together with the deceased wife- Section 106 of the Evidence Act cannot be invoked to shift the burden on the accused. (Para 7)
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 »
Code Of Criminal Procedure, 1973; Section 311- Indian Evidence Act, 1872; Section 165– The trial Court is under an obligation not to act as a mere spectator and should proactively participate in the trial proceedings, so as to ensure that neither any extraneous material is permitted to be brought on record nor any relevant fact …
Gaurav Maini vs State Of Haryana 2024 INSC 488 – S 311 CrPC, Ss 65B,165 Evidence Act Read More »
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 …
Allarakha Habib Memon vs State Of Gujarat 2024 INSC 590 – FIR – S 26 Evidence Act Read More »
Indian Penal Code, 1860; Section 299,300- Provocation itself is not enough to reduce the crime from murder to culpable homicide not amounting to murder. In order to convert a case of murder to a case of culpable homicide not amounting to murder, provocation must me such that would temporarily deprive the power of self-control of …
Indian Evidence Act, 1872; Section 32– Once a dying declaration is found to be authentic inspiring confidence of the court, then the same can be relied upon and can be the sole basis for conviction without any corroboration. However, before accepting such a dying declaration, court must be satisfied that it was rendered voluntarily, it …
Rajendra vs State Of Maharashtra 2024 INSC 422 – S 32 Evidence Act – Dying Declaration Read More »
Code Of Criminal Procedure, 1973; Section 161,162– Any statement made by a person to a police officer in the course of investigation, which is reduced in writing, cannot be used for any purpose except as provided in Section 162. The first exception incorporated in sub-Section (2) is of the statements covered by clause (1) of …
Alauddin vs State Of Assam 2024 INSC 376 – Ss 161,162 CrPC – Ss 145,155 Evidence Act Read More »
Public Prosecutor – There should not be any element of political consideration in the matters like appointment to the post of public prosecutor, etc. The only consideration for the Government should be the merit of the person. The person should be not only competent, but he should also be a man of impeccable character and …
Code Of Criminal Procedure, 1973; Section 378,386– scope of interference by an appellate Court for reversing the judgment of acquittal recorded by the trial Court in favour of the accused has to be exercised within the four corners of the following principles:-(a) That the judgment of acquittal suffers from patent perversity; (b) That the same …