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 – 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, […]
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, […]
A Magistrate enquiring into a case Under Section 209 Code of Criminal Procedure is not to act as a mere post office and has to come to a conclusion whether the case before him is fit for commitment of the accused to the Court of Session. He is entitled to sift and […]
Prosecution case was fully established by the direct testimony of the eyewitness, which was corroborated by the medical evidence. Therefore, our interference with the impugned judgment is not required on the above grounds.
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 […]
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 […]
Service Law – Evidence – Departmental Proceeding – Procedural Infirmity – Violation of Principles of Natural Justice in conducting of the enquiry – Discussed.
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 […]
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 […]