24 June 2019


Search Results for Tag : Credibility

Judgments

Person who records dying declaration must be satisfied that deceased was in fit state of mind(19.01.2017)

In present criminal appeal, Accused-Appellant, has challenged judgment passed by Additional Sessions Judge, by which accused appellant was convicted f.....

Tags : Conviction, Dying Declaration, Credibility

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Accused is entitled to benefit of doubt, when there is contradiction between medical and ocular evidence and latches in investigation(28.03.2017)

Ratio: Accused is presumed to be innocent until his guilt is proved beyond reasonable doubt

Instant appeals arise out of a common .....

Tags : Conviction, Evidence, Credibility

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Guilt of Accused must be proved beyond all reasonable doubts(19.04.2017)

Instant appeal is against judgment passed by High Court, whereby High Court while allowing appeal of Respondent Nos. 1 & 2, set-aside judgment convict.....

Tags : Acquittal, Validity, Evidence, Credibility

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Value of medical evidence is only corroborative; it proves that, injuries could have been caused in manner alleged(25.04.2017)

Present appeal arises out of impugned judgment passed by a Division Bench of High Court of Madhya Pradesh, upholding conviction and sentence passed by.....

Tags : Conviction, Evidence, Credibility

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Minor defect in investigation on part of Investigating Officer does not take away prosecution case(23.06.2017)

Instant appeal is against judgment passed by Additional District & Sessions Judge, Fast Track 1st Court, convicting Appellant for offence punishable u.....

Tags : Conviction, Evidence, Credibility

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Testimony of an injured accused and his deposition has to be relied upon(04.08.2017)

In the facts of present case, Appellant has been charged under Section 307/34 of Indian Penal Code, 1860 (IPC) for causing gunshot injury to PW-2 by a.....

Tags : Conviction, Legality, Evidence, Credibility

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Conviction of accused cannot be sustained, if sole testimony of prosecutrix found artificial(11.08.2017)

Instant criminal appeal is against the judgment passed by trial Court, whereby Accused Appellant was convicted for offences under Sections 363, 366, 3.....

Tags : Conviction, Legality, Evidence, Credibility

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Conviction cannot be based on a DNA report when it is established that there has been no quality control or quality assurance and the sampling has been improper(04.10.2017)

By the impugned judgment and order, the Sessions Court held four Accused persons guilty under Sections 363 and 376(D) read with 34 of the Indian Penal.....

Tags : Conviction, Evidence, Credibility

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Proved circumstances must be consistent only with hypothesis of guilt of Accused and totally inconsistent with his innocence(08.01.2018)

Present appeal preferred by the State challenges the judgment of the High Court acquitting the Respondent under Section 302 of Indian Penal Code, 186.....

Tags : Acquittal, Validity, Evidence, Credibility

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A moral opinion howsoever strong or genuine cannot be a substitute for legal proof(04.01.2018)

The Appellant faced trial and convicted for offences punishable under Sections 498-A/302 of the Indian Penal Code,1860 (IPC) on the accusation that he.....

Tags : Conviction, Evidence, Credibility

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Benefit of any alternate hypothesis which is reasonably discernible from record must necessarily be given to the accused(25.01.2018)

The Appellant seeks to assail the judgment rendered by the learned Ad-hoc Additional Sessions Judge, by and under which, the Appellant is convicted fo.....

Tags : Conviction, Evidence, Credibility

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A conflict or contradiction between ocular and medical evidence has to be direct and material(19.03.2018)

The instant appeal has been filed against the impugned judgment/order passed by the trial Court in FIR registered under Sections 363-A, 376 of Indian .....

Tags : Conviction, Validity, Evidence, Credibility

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Prosecution is duty bound to furnish proper explanation to the Court regarding injuries sustained by Accused in course of altercation(11.05.2018)

Present appeal is filed by the present Appellant, aggrieved by the concurrent findings of the Court below, which has upheld the culpability of the Acc.....

Tags : Conviction, Evidence, Credibility

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Order of acquittal passed by first Appellate Court cannot be reversed, merely because re-appreciation of evidence leads to another possible view, unless view taken for acquittal is manifestly illegal(24.05.2018)

Aggrieved by the Judgment passed by the learned Fast Track Court Judge, the State has preferred present appeal. By the impugned Judgment and Order, th.....

Tags : Acquittal, Validity, Evidence, Credibility

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In a criminal case, resting entirely on circumstantial evidence, all circumstances are required to be proved solidly beyond reasonable doubt(20.07.2018)

The Appellant was convicted by the Additional Sessions Judge, under Section 302 of Indian Penal Code, 1860 (IPC) in Sessions Case and was sentenced to.....

Tags : Conviction, Circumstantial evidence, Credibility

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Accused is not conferred with any right to claim test identification parade(02.08.2018)

In instant case, the Accused pleaded not guilty and claimed to have been implicated falsely, therefore, wanted to be tried. At the trial, the prosecut.....

Tags : Conviction, Evidence, Credibility

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When there is omission to put material evidence to Accused by Trial Court, prosecution cannot be said to be guilty of not adducing or suppressing such evidence(28.09.2018)

The Appellant assails his conviction by the High Court under Section 376(2)(f) of Indian Penal Code, 1860 (IPC) sentencing him to ten years rigorous i.....

Tags : Conviction, Evidence, Credibility

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Punishment to be awarded for a crime must not be irrelevant but it should conform to and be consistent with atrocity and brutality which the crime has been perpetrated(09.10.2018)

Present jail appeal has been preferred by Accused Appellant against judgment and order passed by Sessions Judge convicting and sentencing Appellant fo.....

Tags : Conviction, Evidence, Credibility

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When the recovery is suspicious, non-production of seal is to be considered to hold the Accused innocent(05.11.2018)

The present appeal is maintained by the Appellant laying challenge to judgment passed by the trial Court, whereby the Accused was convicted for the c.....

Tags : Conviction, Evidence, Credibility

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Testimony of an injured witness can be acted upon even without any corroboration as he is having a special status in law(16.11.2018)

Present Criminal Appeal is preferred by the Appellants who have been convicted by the learned Sessions Judge, vide impugned judgment and sentenced to .....

Tags : Conviction, Legality, Witnesses, Credibility

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A long delay can be condoned if witness has no motive for falsely implicating Accused(27.11.2018)

Present appeal arose out of the judgment passed by the High Court by which the High Court has dismissed the appeal filed by the Appellant herein there.....

Tags : Conviction, Evidence, Credibility

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Presumption of innocence in favour of Accused is fortified by acquittal order; if view of High Court is reasonable, present court should not interfere with same(14.01.2019)

The instant appeals arise from the judgments of the High Court passed in Death Reference and Criminal Appeal. Vide the impugned judgments, the High Co.....

Tags : Acquittal, Evidence, Credibility

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Man in possession of stolen goods soon after theft is either thief or received goods knowing them to be stolen, unless he can account for his possession(14.01.2019)

The present revision is against the judgment of conviction by the Judicial Magistrate First Class, by which the applicant ('accused') came to be convi.....

Tags : Conviction, Legality, Evidence, Credibility

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Statement to police is not a substantive piece of evidence; same cannot form the basis of conviction(14.02.2019)

In facts of present case, on the basis of the FIR registered, police investigated the case. The necessary witnesses were examined by police under Sect.....

Tags : Conviction, Legality, Evidence, Credibility

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Minor contradictions, inconsistencies or improvements on trivial matters without effecting core of prosecution case cannot be made a ground to reject evidence in its entirety(28.02.2019)

In facts of present case, after completion of the investigation, final report, under Section 173 of Code of Criminal Procedure, 1973 (CrPC) was prepar.....

Tags : Conviction, Evidence, Credibility

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Minor irregularity/omission by Investigation Officer need not necessarily lead to rejection of prosecution version(13.03.2019)

The present appeal has been preferred against the judgment passed by Addl. Sessions Judge convicting and sentencing the Appellant-Girand under Sectio.....

Tags : Conviction, Evidence, Credibility

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Witness cannot be said to be an "interested" witness merely by virtue of being a relative of victim(26.04.2019)

Present appeal is directed against the judgment passed by the High Court whereby the Division Bench of the High Court dismissed the appeal preferred b.....

Tags : Conviction, Evidence, Credibility

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When two views are possible, the Appellate Court should not reverse a judgment of acquittal, merely because another view was possible(29.04.2019)

The State has instituted the present petition seeking grant of leave to assail the judgment in Session Case arising out of FIR under Sections 376 of I.....

Tags : Acquittal, Evidence, Credibility

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When findings of trial court and High Court are shown to be perverse, the Supreme Court would certainly interfere with same(07.05.2019)

Present appeal arises out of the judgment passed by the High Court by which the High Court affirmed the conviction of Appellant-Accused No. 1 under Se.....

Tags : Conviction, Evidence, Credibility

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When a dying declaration is suspicious, it should not be acted upon without corroborative evidence(09.09.2016)

A charge sheet was filed against accused persons under Sections 302, 452 and 34 of Indian Penal Code and under Section 3 read with Section 25 of the A.....

Tags : Conviction, Evidence, Credibility

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Presumption under Section 113B of Evidence Act can be drawn only where ingredients of Section 304B of IPC are fulfilled(21.12.2016)

In facts of present case, FIR under Section 304B/34 of Indian Penal Code, 1860 (IPC), was registered on basis of statement made by complainant. After .....

Tags : Conviction, Evidence, Credibility

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News

Bombay HC Rules, ‘Relationship Not a Factor That Affects Credibility of Witness’(12.01.2017)

Bombay HC, while observing that ‘relationship’ is not a factor to affect credibility of a witness, has dismissed appeals moved by six convicts, who we.....

Tags : Bombay HC, credibility, witness

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International Cases

Leave to appeal is required for each ground of appeal(24.12.2018)

The Appellant applies for leave to appeal against his conviction in the Children's Court of Western Australia of one count of burglary and one count o.....

Tags : Conviction, Evidence, Credibility

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