Evidence Law; Raju @ Ganga Singh Vs. State of M.P. [Madhya Pradesh High Court, 01-12-2017]

Evidence Law – Minor discrepancies, embellishments, contradictions in the evidence of witnesses would not be material to discard the prosecution story but where the discrepancies or contradictions are to such an extent which shakes the very foundation of the prosecution case and which makes the evidence of the witnesses untrustworthy, […]

Evidence Law; Kuna @ Sanjaya Behera Vs. State of Odisha [Supreme Court of India, 17-11-2017]

Evidence Law – The quintessence of the enunciation is that the expression “proved”, “disproved” and “not proved”, lays down the standard of proof, namely, about the existence or non-existence of the circumstances from the point of view of a prudent man, so much so that while adopting the said requirement, […]

Evidence Law; Jagannath Mondal Vs. State of West Bengal [Calcutta High Court, 21-09-2017]

Penal Code, 1860 – Ss. 302/34 – the prosecution case was based on the evidence of eye witnesses – The above evidences were corroborating with the post mortem report prepared by the autopsy surgeon – So, the defects in the investigation does not help the accused in any way – These appeals are, therefore, […]

Evidence Law; Nagendra Vs. State of M.P. [Madhya Pradesh High Court, 04-05-2017]

So far as recovery of jewellery is concerned, there is no proof that it belonged to deceased. Jewellery recovered was not subjected to any identification test. So far as bamboo staff is concered, it is very common among villagers to keep bamboo lathi. FSL report is also negative. This portion of […]

DNA Test; Prem Singh Vs. State (Govt Of NCT) [Delhi High Court, 08-12-2016]

The case of the prosecution solely rests upon the DNA test conducted on one of the condoms seized from the spot, whilst, there is no other corroborating evidence to support the story of the prosecution. There is no reason accorded as to why DNA profiling could not be done on […]

Arms Act; Pankaj Vs. State of Rajasthan [Supreme Court of India, 09-08-2016]

Evidence Act, 1872 – Ss. 8 & 27 – Penal Code, 1860 – Ss. 302, 452 & 34 – Arms Act, 1959 – S. 3 r/w. 25 – there is no material on record to connect that the gunshot injury suffered by the deceased was due to the shot fired from the firearm of the appellant-accused. It is also […]

Evidence Law; Baby @ Sebastian Vs. Circle Inspector of Police, Adimaly [Supreme Court of India, 26-07-2016]

Indian Penal Code, 1860 – Section 302 r/w. 34 – Chance Witness – A careful reading of the evidence on record clearly highlights the material contradictions and discrepancies in the prosecution evidence especially the testimonies of Mathai (PW-6) and Eldose (PW-17) upon which strong reliance has been placed by the High Court in convicting […]