3 October 2022


Search Results for Tag : Evidence

Judgments

When there are strong circumstances proving the guilty, absence of evidence on motive cannot be a circumstance for discarding the evidence(20.11.2017)

The Appellant is convicted for the offence punishable under Section 302 of Indian Penal Code, 1860 (IPC) and he is sentenced to suffer imprisonment fo.....

Tags : Conviction, Legality, Circumstantial Evidence

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Mere delay in forwarding FIR to Magistrate is not a ground to acquit accused(26.05.2020)

The Appellant has challenged the judgment by the Allahabad High Court, confirming his conviction under section 302 read with Section 34 of the Indian .....

Tags : Conviction, Evidence, Credibility

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Once there is a prima facie case in existence against Petitioner, his allegation of malafide are of no consequence(26.10.2018)

Instant is a petition invoking Section 482 of the Code of Criminal Procedure, 1973 (CrPC) for quashing of entire proceeding pending in case registered.....

Tags : FIR, Quashing of, Evidence

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Supreme Court need not re-appreciate evidence while affirming the judgments of Courts below in criminal cases(16.11.2017)

In facts of present case, the Animal Husbandry Officer, received information that wrongful withdrawal of treasury bills was being made. He constituted.....

Tags : Conviction, Re-appreciation, Evidence

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Trial Court has power to summon any person as a witness, if his evidence appears to it to be essential to just decision of case(02.07.2018)

Petitioner/Accused impugns order, whereby, on an application under Section 311 of the Code of Criminal Procedure, 1973 (Cr.P.C.) filed by the Petition.....

Tags : Witness, Evidence, Summon

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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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If the witnesses are otherwise trustworthy, past enmity by itself will not discredit any testimony(09.10.2020)

Present Appeal has been preferred by 5 accused, challenging the judgment whereby, the Madhya Pradesh High Court, approved the conviction of the appell.....

Tags : Conviction, 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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Dying declaration cannot be disbelieved on mere basis that parents and relatives of deceased were present in hospital while recording it(03.03.2021)

Present appeal has been filed by the Accused aggrieved by the judgment and order passed by the High Court whereby, his conviction and order of sentenc.....

Tags : Conviction, Evidence, Credibility

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In a case based on circumstantial evidence, circumstances must be consistent only with the hypothesis of the guilt of the accused and inconsistent with the innocence(23.02.2021)

The accused Appellant was charged for offence under Section 302 of Indian Penal Code, 1860 (IPC) for the murder of his own wife while she was at the a.....

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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The motive part loses its significance, when there is trustworthy evidence of witnesses as to commission of an offence(31.01.2020)

Present appeal is directed against judgment and order of sentence passed by the learned Additional Sessions Judge, whereby the learned Sessions Judge .....

Tags : Conviction, 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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High Court should not interfere with order of acquittal, if the view taken by trial court is a reasonable view based on evidence(04.06.2019)

By way of the instant appeal, a challenge is laid to the judgment passed by the Court of 2nd Additional Sessions Judge, in the case arising out of FI.....

Tags : Acquittal, Evidence, Legality

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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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Circumstances must be proved which unerringly points out finger towards the accused and none else(25.04.2018)

Appellants assailed the judgment by which Appellants are convicted for the offences punishable under Sections 302, 109, 120-B, read with Section 34 o.....

Tags : Conviction, Validity, Circumstantial evidence

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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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Mere demand of dowry is not sufficient to bring home the offence to an accused(21.06.2021)

The Appellants being aggrieved against the judgment and order of conviction and sentence passed by the learned Additional Sessions Judge has preferred.....

Tags : Conviction, Evidence, Credibility

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In rape cases, the finding of guilt can be recorded even on the basis of uncorroborated testimony of the prosecutrix, if cogent and reliable(23.10.2020)

The present appeal is preferred under Section 374 of Code of Criminal Procedure, 1973 (CrPC) on behalf of the Appellant challenging the judgment and o.....

Tags : Conviction, Evidence, Credibility

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An inference of guilt of father cannot be reached, on mere fact that, daughters were last seen with their fathers(13.10.2016)

Accused Mahendra Bhaskar Pavre has been sentenced to death by Additional Sessions Judge (Link Court), Mehkar vide judgment. There is no.....

Tags : Murder, Circumstantial evidence

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Discharge under Section 239 of the CrPC can be ordered, when the Magistrate considers the charge against the accused to be groundless(01.03.2021)

The case is instituted upon the complaint filed by the first Respondent ('the complainant'). The offences alleged against the accused in the case are .....

Tags : Evidence, Discharge, Entitlement

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Evidence of witnesses cannot be disbelieved on basis of minor contradiction(06.07.2021)

Present appeal is filed against judgment and order passed by the High Court, by which the High Court has dismissed the said appeal preferred by the Ap.....

Tags : Conviction, Evidence, Credibility

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In absence of any evidence of coercion or undue influence the statements recorded during the survey are admissible evidence(17.05.2021)

Facts of the case are that a survey action under Section 133A of the Income Tax Act, 1961 (IT Act) was conducted at the business premises of the asses.....

Tags : Assessment, Survey proceedings, Evidence

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Conviction on basis of a solitary eye witness is sustainable only if there is reliable evidence proving guilt of accused(06.08.2019)

In facts of present case, the two Appellants have been convicted under Sections 302, 149 and 148 of the Indian Penal Code (IPC). The Appellants submit.....

Tags : Conviction, Evidence, Credibility

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There must be a complete chain of evidence as not to leave any reasonable ground for a conclusion consistent with innocence of Accused(16.07.2019)

Present appeals have been filed by the prosecution assailing the judgment of the High Court acquitting the Respondents charged for the offences under .....

Tags : Circumstantial evidence, Acquittal, Legality

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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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Evidence of official witnesses cannot be distrusted and disbelieved, merely on account of their official status(06.01.2020)

Present Criminal Appeal is filed by the sole Accused, aggrieved by the judgment passed in Criminal Appeal by the High Court. The Appellant herein was .....

Tags : Conviction, Evidence, Credibility

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When the test identification parades are held in police presence, statements made by the identifiers to a police officer fall within the ban of Section 162 of CrPC(29.10.2020)

The present Appeal challenges the judgment of the High Court, whereby the Criminal Appeal was disposed of upholding the conviction of the Appellant in.....

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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Statement recorded under Section 161 of CrPC can be used only to prove the contradictions and/or omissions(02.03.2020)

Feeling aggrieved and dissatisfied with the impugned judgment passed by the High Court by which the High Court has confirmed the conviction of the App.....

Tags : Conviction, Evidence, Credibility

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Accused is obliged to furnish explanation under Section 313 of CrPC with regard to circumstances under which deceased met an unnatural death inside the house(07.11.2019)

The Appellant, husband of the deceased, is aggrieved by his conviction under Section 302 of the Indian Penal Code, 1860 (IPC) affirmed by the High Cou.....

Tags : Conviction, Circumstantial Evidence, Credibility

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Projection of different story by prosecution adversely affects and destroys prosecution case and it is unsafe to convict accused on basis of same(27.04.2020)

Present criminal appeal has been filed against the impugned judgment passed by Additional Sessions Judge under Section 376, 308 of Indian Penal Code, .....

Tags : Conviction, Evidence, Credibility

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To prove the case under NDPS Act, ownership of the vehicle is not required to be established(10.09.2020)

Original accused no.1 has preferred the present appeal against impugned Judgment passed by the High Court by which the High Court has dismissed the sa.....

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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Presumptive inference and analysis provided by Informant cannot be basis for forming a prima facie opinion as to order investigation(22.03.2019)

Present information has been filed by Informant under Section 19(1)(a) of the Competition Act, 2002 alleging contravention of the provisions of Secti.....

Tags : Investigation, Evidence, Proof

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Son, whether married or unmarried, has no legal right to live on self acquired house of parents(24.11.2016)

Regular Second Appeal impugns concurrent judgment of Court below whereby civil suit filed by parents of Appellants (respondent Nos.1 & 2) against thei.....

Tags : Property, Right, Evidence

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Convincing evidence on recoveries given by Investigating Officer could not be rejected merely because panch witness had turned hostile(26.08.2019)

By present revision application, the Applicant (original accused) has challenged judgments and orders of two Courts below, whereby he stood convicted .....

Tags : Conviction, Evidence, Credibility

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Where primary witnesses itself are reliable, conviction can safely be based on testimony of said witnesses even in absence of corroboration from call records(31.05.2017)

By present appeal, Appellant challenges impugned judgment convicting him for offences punishable under Section 302/201 of Indian Penal Code, 1860 (IPC.....

Tags : Conviction, Evidence, Validity

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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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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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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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Examination of independent witnesses is not an indispensable requirement and non-examination is not necessarily fatal to the prosecution case(06.05.2021)

The original accused has preferred the present appeal dissatisfied with the impugned judgment and order passed by the High Court, by which the High Co.....

Tags : Conviction, Evidence, Credibility

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If Investigating Officer conducts search, then, he must record the reason for doing so within seventy-two hours of the search(08.06.2020)

The instant appeal has been preferred against the judgment passed by the Special Judge under the Narcotic Drugs and Psychotropic Substances Act, 1985 .....

Tags : Conviction, Evidence, 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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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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International Cases

A confession by an accused shall not be admissible as evidence against his or her co-accused(09.07.2021)

The issue before the Supreme Court was whether the evidence of a single witness was reliable and acceptable considering that the witness was declared .....

Tags : Conviction, Evidence, Credibility

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When there is a time gap between an occurrence and the trial, it is impossible for police/Investigating Officer to recall minute details(18.06.2020)

Present appeal is against a common judgment and order passed by a Division Bench of the High Court dismissing Criminal Appeal filed by the Appellant, .....

Tags : Conviction, evidence, credibility

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Non-collection of FSL report might be a defect of investigation which could not result in acquittal of an accused, when enough evidence was available for conviction(13.09.2018)

Present appeal has been preferred by the Appellant assailing the judgment, order of conviction and sentence respectively passed by the learned Additio.....

Tags : Conviction, Circumstantial evidence, Validity

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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 Can Be Based On Sole Testimony Of Victim If Reliable And Trustworthy(14.10.2020)

The Appellant – original accused has preferred the present appeal, feeling aggrieved and dissatisfied with the impugned judgment and order passed by t.....

Tags : Conviction, Evidence, Credibility

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If the circumstance is sought to be proved by a solitary witness then the Court has to be conscious on relying that solitary evidence(01.10.2020)

The State of Bihar has challenged the judgment of acquittal passed by the learned 2nd Additional Sessions Judge, whereby Respondent nos. 1 to 3 have b.....

Tags : Acquittal, Evidence, Witnesses

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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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Deposition of an injured witness should be relied upon unless there are strong grounds for rejection of his evidence(03.01.2019)

In present matter, FIR was lodged under Sections 323, 324 of Indian Penal Code, 1860 (IPC) against four persons alleging that, on 18th February, 1985,.....

Tags : Conviction, Injured witness, Evidence

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Prosecution is required to establish continuity in links of chain of circumstances, so as to lead to conclusion of Accused being the assailant(31.10.2018)

The Appellant is the wife of the deceased convicted under Section 302 of Indian Penal Code, 1860 (IPC) and sentenced to life imprisonment with fine of.....

Tags : Circumstantial evidence, Conviction, Legality

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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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Accused could only have been properly convicted, if the evidence of the single witness was clear and satisfactory in all material respects(01.09.2021)

In facts of present case, on 28 November 2018, the appellant, Mr. Lungisa Grifhs, was convicted together with two of his erstwhile co-accused in the R.....

Tags : Conviction, Evidence, Credibility

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In the absence of demonstrable and material misdirection, Trial Court’s findings of fact are presumed to be correct(30.07.2021)

The Appellant was arrested and charged with murder. Appellant raised an alibi defence during trial before the South Gauteng High Court (trial court). .....

Tags : Conviction, Evidence, Credibility

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Credibility of witnesses is ordinarily not re-visited by Supreme Court in an appeal by special leave(12.02.2019)

Present appeal by special leave is directed against the judgment of the High Court dismissing the appeal filed by the Appellant against his conviction.....

Tags : Conviction, Circumstantial evidence, Validity

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If the testimony of the child victim inspires confidence and is reliable, it is sufficient to record the conviction(10.08.2021)

The present appeal is preferred on behalf of the Appellant challenging the judgment on conviction and order on sentence passed by the trial Court aris.....

Tags : Conviction, Evidence, Credibility

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Evidence recorded in a criminal trial against any accused is confined to the culpability of that accused only(29.10.2021)

In facts of present case, trial Court vide separate judgments and orders under Sections 132, 135(1)(a)(ii) read with 135A of the Customs Act 1962, had.....

Tags : Conviction, Evidence, Culpability

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There must be existence of a proximate and live link between the effect of cruelty based on dowry demand and the death concerned(17.12.2021)

The Appellant are aggrieved by the common judgment passed by the High Court upholding the judgment of conviction under Sections 304B and 201 read with.....

Tags : Conviction, Evidence, Credibility

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In absence of any evidence to show meeting of minds, it is not safe to hold a person guilty under Section 120-B of IPC(07.12.2021)

Present Appeal is directed against the judgment passed by the High Court whereby, the High Court has dismissed the Appeal filed by the Appellant / acc.....

Tags : Conviction, Evidence, Credibility

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Circumstances howsoever strong cannot take place of proof and the guilt of the accused have to be proved by the prosecution beyond reasonable doubt(15.02.2022)

The present appeal filed by the Appellants-accused emanates from the Judgment passed by the High Court, whereby the High Court has dismissed the said .....

Tags : Circumstantial evidence, Conviction, Legality

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Mere facts that, the weapon used is not recovered cannot be a ground not to rely upon the dying declaration(01.04.2022)

The State has preferred the present appeal against the impugned judgment passed by the High Court by which the High Court has acquitted the Respondent.....

Tags : Conviction, Evidence, Credibility

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Different statement given by the same prosecution witness in another case would not be a reason for recalling the witness(21.06.2022)

The Petitioner before present Court had challenged the order which has been passed in Sessions Trial before the High Court whereupon the impugned judg.....

Tags : Conviction, Evidence, Credibility

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If the earlier Magistrate has recorded the evidence in detail, there is no necessity for the succeeding Magistrate to hold de nova trial(11.07.2022)

In facts of present case, the applicant has filed Summary Criminal Case for the offence punishable under Section 138 of the Negotiable Instruments Act.....

Tags : Evidence, Denovo trial, Legality

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Minor inconsistencies in the statement of witnesses are not of any consequence in case of concurrent findings recorded by Courts below(05.07.2022)

The instant appeal is preferred by the accused against final judgment passed by High Court whereby the Division Bench of High Court declined to interf.....

Tags : Conviction, Evidence, Credibility

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Accused is not required to prove his defence beyond a reasonable doubt but only by preponderance of probabilities(04.08.2022)

The present appeal arises from the judgment passed by the High Court dismissing the Appellant's appeal against judgment passed by the First Additional.....

Tags : Conviction, Evidence, Credibility

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Conviction cannot be based on the testimony of a wholly unreliable witness(03.06.2022)

Instant appeals challenges the judgment delivered by the Division Bench of the High Court, thereby dismissing the appeal filed by the present appellan.....

Tags : Conviction, Evidence, Credibility

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Driver of a vehicle must not use a mobile phone while the vehicle is moving, or is stationary but not parked(12.01.2022)

The Appellant was convicted of a contravention of regulation 265(2) in the Magistrates Court. Pursuant to Part 2 Division 2 of the Criminal Appeals Ac.....

Tags : Conviction, Evidence, Legality

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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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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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Courts empowered to determine if court-martial conducted in accordance with law(14.09.2015)

High Courts cannot re-appreciate findings of court-martial, they can however interfere if findings reached are perverse. In a case where an Army Sepoy.....

Tags : Army, court martial, evidence, testimony

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News

SC: Ocular Evidence Can be Disbelieved When Gross Contradiction Between Medical and Oral Evidence(27.07.2021)

Supreme Court has set aside an order of High Court that acquitted an accused in a murder case observing that ocular evidence is considered the best ev.....

Tags : Supreme Court, Ocular Evidence

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Bombay HC Acquits 27-Year Old Man Convicted of Raping 17-Year Old on Insufficient Evidence(04.02.2021)

Bombay High Court has acquitted a 27-year-old man convicted of raping a 17-year-old girl multiple times over two months, citing the prosecution’s fail.....

Tags : Bombay High Court, Insufficient Evidence

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SC: Statement of Accused Not Substantive Evidence of Defence to Rebut Presumption u/s 139 NI Act(10.03.2021)

Supreme Court has stated that the statement of the accused recorded under Section 313 of the Code of Criminal Procedure, 1973 is not a substantive evi.....

Tags : Supreme Court, Evidence of Defence to Rebut Presumption u/s 139 NI Act

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SC: Application u/s 391 CrPC Seeking to Adduce Additional Evidence Should be Heard Immediately(05.02.2020)

Supreme Court has observed that an application filed under Section 391 of the Code of Criminal Procedure (CrPC), 1973 seeking to adduce additional evi.....

Tags : Supreme Court, Additional Evidence

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Document proved in Court as executed by a party does not require handwriting expert opinion(10.04.2015)

Once a document is proved in the Court to have been executed, or a signature appended is proved to have been truly signed by the party concerned, it i.....

Tags : signature, expert, opinion, mandatory, evidence

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Delhi HC Issues Notice in Plea Seeking Direction to Family Courts to Record Evidence(29.05.2020)

Delhi High Court has issued notice to Delhi Government, Headquarters of Family Courts, and the Delhi High Court in a plea seeking a direction to be is.....

Tags : Delhi High Court, Recording of Evidence in Videoconferencing

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Statements of a person who dies, are admissible, if the statements relate to the cause of death, or explain circumstances leading to the death(07.09.2017)

The Appellants faced trial for offence punishable under Sections 306 and 498-A read with Section 34 of Indian Penal Code, 1860 ('IPC'). They have been.....

Tags : Conviction, Legality, Circumstantial evidence

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CESTAT: Charge of Forgery on Textile Reports Not Sustainable in Absence of Cogent Evidence(12.07.2022)

Customs, Excise & Service Tax Appellate Tribunal (CESTAT), Ahmedabad Bench has held that the charge of forgery on textile reports is not sustainable i.....

Tags : CESTAT, Forgery, Evidence

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Direction to give foot-prints for corroboration of evidence is not violative of protection guaranteed under Article 20 (3) of Constitution(02.05.2017)

Present appeals is against judgment passed by High Court, whereby judgment passed by Additional Sessions Judge, was set aside and Accused-Respondent w.....

Tags : Acquittal, Validity, Circumstantial evidence

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Unless there is any kind of illegality in the impugned judgment of acquittal, Supreme Court cannot interfere in such judgment(13.11.2017)

Present appeal is filed by the State against the final judgment and order passed by the High Court of whereby the High Court allowed the appeal filed .....

Tags : Acquittal, Validity, Evidence, Contradiction

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Supreme Court: Accused Cannot be Convicted of Rape on Basis of Sole Testimony of Prosecutrix(17.02.2020)

Supreme Court has held that the conviction of an accused in Rape Cases cannot be done based on the sole testimony of the Prosecutrix unless she passes.....

Tags : Supreme Court, Evidence of Prosecutrix in Rape Case

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Supreme Court: Evidence Given to Raise Presumption Under Section 139 NI Act Cannot be Discarded(22.08.2019)

Supreme Court has ruled that evidence adduced by the Complainant under Section 138 of the Negotiable Instruments Act, 1881(NI Act) to raise statutory .....

Tags : Supreme Court, Evidence

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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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Delhi HC: Re-Examination Can't be Used to Give Chance to Undo Statement Made in Cross Examination(06.06.2022)

Delhi High Court has held that the opportunity of re-examination cannot be used to give a chance to a witness to undo its statement made in cross-exam.....

Tags : Delhi High Court, Evidence, Re-Examination

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Supreme Court: Failure to Report Crime Doesn't Mean Causing Disappearance of Evidence(15.02.2018)

Supreme Court has held that a person cannot be convicted for causing disappearance of evidence merely because he failed to inform the police about the.....

Tags : Supreme Court, Evidence

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SC: Evidence of Interested Person Can be Considered If It is Corroborated(05.03.2021)

Supreme Court has observed that the evidence of interested person can be considered provided such evidence is corroborated by other evidence on record.....

Tags : Supreme Court, Evidence of Interested Person

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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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Allahabad HC: Weapon's Discovery on Disclosure Statement of Accused Not Enough to Prove Guilt(11.04.2022)

Allahabad High Court has held the discovery of the material object/crime weapon at the disclosure of the accused is important under Section 27 of the .....

Tags : Allahabad High Court, Section 27 of the Indian Evidence Act, 1872, discovery, weapon

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Guj. HC: Court Must be Satisfied of Prima Facie Case Against Accused While Framing Charges(09.08.2022)

Gujarat High Court has held that only a prima facie involvement of the accused in an alleged crime is required for framing of charges and the Court ne.....

Tags : Gujarat High Court, Charges, Prima Facie, Evidence

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CRIMINAL - Confession in Police Custody Made in Immediate Presence of Executive Magistrate Admissible: P&H HC(22.03.2019)

Punjab and Haryana High Court has held that the expression 'Magistrate' appearing in Section 26 of the Evidence Act would include Executive Magistrate.....

Tags : Punjab and Haryana High Court, Section 26 of the Evidence Act

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SC: Private Complaints Alleging Offences u/s 191 & 192 IPC Not Maintainable(04.09.2020)

Supreme Court has held that a private complaint under Section 190 of the Code of Criminal Procedure, 1973 cannot be filed alleging offences under Sect.....

Tags : Supreme Court, False Evidence

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SC: Confession Recorded by Additional Superintendent of Police Admissible in Evidence(26.08.2022)

Supreme Court has held that a confession recorded by an Additional Superintendent of Police is admissible in evidence under Section 18 of Maharashtra .....

Tags : Supreme Court, Evidence, Confession

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P&H HC: Mistake by Court While Adjourning Matter Can't Take Away Right of Party to Lead Evidence(23.05.2022)

Punjab and Haryana High Court has held that the plaintiff-respondent cannot be deprived of her valuable right of leading evidence merely because the C.....

Tags : Punjab and Haryana High Court, Adjourning, Right to lead Evidence

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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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Guj. HC: Oral Dying Declaration Which is Reliable & Not Controverted by Defence is Admissible(27.07.2022)

Gujarat High Court has held that a dying declaration cannot be said to be inadmissible merely because it was given orally. The Court stated that an or.....

Tags : Gujarat High Court, Dying Declaration, Evidence

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ITAT, Delhi: Addition Cannot be Made on Evidence of Third Party(09.12.2021)

Income Tax Appellate Tribunal (ITAT), Delhi has held that the Addition cannot be made on evidence of third party without granting the cross-examinatio.....

Tags : Income Tax Appellate Tribunal, Addition on Evidence of Third Party

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Fraudulent or dishonest intention must exist at the time of initial promise or formation of contract(27.07.2020)

The Petitioner being the convict has challenged the judgment and order of conviction and sentence delivered in case by the Judicial Magistrate, by mea.....

Tags : Conviction, Evidence, Credibility

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Chhattisgarh High Court: Medical Evidence Not a Conclusive Proof(16.12.2016)

Chhattisgarh High Court has ruled that medical evidence is never conclusive and can be acted upon only when necessary and adequate corroboration is av.....

Tags : Chhattisgarh High Court, Conclusive Proof , Medical Evidence

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When any fact is especially within the knowledge of any person, the burden of proof to prove that fact is upon him(12.10.2017)

Present two criminal appeals have been preferred by the Appellants Dr. Nupul Talwar and Dr. Rajesh Talwar under Section 374(2) of the Code of Criminal.....

Tags : Acquittal, Circumstantial evidence, Benefit of doubt

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ITAT, Mumbai: Data Retrieved From Pen Drive Can’t be Sole Evidence For Re-Assessment(28.04.2022)

Income Tax Appellate Tribunal, Mumbai has held that the data retrieved from the pen drive seized during the search can’t be a sole basis for re-assess.....

Tags : Income Tax Appellate Tribunal, data retrieved, Income Tax Act, 1961, section 147, section 148, section 65B (4), Indian Evidence Act, 1872

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Kar. HC: Counsel Entitled to Physically Accompany Party to Remote Point While Giving Evidence Via VC(01.07.2022)

Karnataka High Court has held that a advocate appearing for the parties are entitled to be physically present at the remote point from where the evide.....

Tags : Karnataka High Court, Video Conferencing, Evidence

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When the evidence of the official witnesses is trustworthy and credible, there is no reason not to rest the conviction on the basis of their evidence(03.07.2020)

In facts of instant case, the Excise Circle Inspector (PW3) of Hosdurg Excise Range found the Petitioner/accused with a can containing three litres of.....

Tags : Conviction, Evidence, Credibility

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A fact can be said to have been proved, if it is established beyond reasonable doubt and not on preponderance of probability(05.08.2020)

The Appellant assails his conviction under Section 8C read with Section 20(b)(ii)(c) of the Narcotics Drugs and Psychotropic Substances Act, 1985 ("th.....

Tags : Conviction, Evidence, Credibility

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Madras HC: Courts Should Allow Parties to Let in Evidence in Guardianship Matters(21.06.2022)

Madras High Court while allowing appeal by a father seeking custody of his minor child, has held that while deciding the original petition to appoint .....

Tags : Madras High Court, Custody, Guardianship, Evidence

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SC Allows Plea to Record Evidence of a Nigerian Doctor Through Video Conferencing(17.04.2019)

Supreme Court has allowed a plea to record evidence of a Nigerian doctor who conducted post mortem of deceased via video conferencing.

Tags : Supreme Court, Plea to Record Evidence, Video Conferencing

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SC: Discrepancies in Evidence Against Delinquent Not to Interfere with Disciplinary Inquiry(17.02.2020)

Supreme Court has observed that the findings of disciplinary inquiry cannot be interfered with only on the ground that there are discrepancies in the .....

Tags : Supreme Court, Discrepancies in Evidence Against Delinquent

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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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Trial of Sohrabuddin Sheikh Fake Encounter Case to Start From Next Week(29.11.2017)

Trial of Sohrabuddin Sheikh Fake Encounter Case to Start From Next Week

Tags : "The court has issued summons to Sohrabuddin's brother Nayamuddin and some others, and the recording of evidence will start from November 29," said special CBI prosecutor B P Raju.

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Absence of any provision in Original Side Rules, which enables production of documents in cross-examination, cannot amount to prohibition against production of documents in cross-examination(19.03.2018)

Present application has been filed seeking the applicant/6th Defendant to strike out the deposition of D.W.1, recorded on 23rd January, 2017 and 19th .....

Tags : Cross-Examination, Evidence, Strike-out

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Calcutta High Court: Strict Rules of Evidence not Required to be Followed in Domestic Enquiries(11.12.2019)

Calcutta High Court while dismissing a writ petition said that it is a settled law that in domestic enquiries strict rules of evidence is not required.....

Tags : Calcutta High Court, Evidence

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CESTAT Chennai: CA’s Certificate Certifying Tax Burden can be Considered as Evidence(15.01.2020)

Customs Excise and Service Tax Appellate Tribunal, Chennai has ruled that the Chartered Accountant’s Certificate that categorically certifies that the.....

Tags : Customs Excise and Service Tax Appellate Tribunal, Chartered Accountant's Certification, Evidence

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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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Appellate Court on hearing appeal filed against judgment of acquittal will not overrule or otherwise disturb trial Court's acquittal, if there is no substantial and compelling reason for doing so(01.06.2018)

In present case, five Accused were tried for the offences punishable under Sections 326, 302, and 114 read with Section 34 of Indian Penal Code, 1860 .....

Tags : Conviction, Validity, Evidence

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Essence of crime of conspiracy is unlawful agreement and not its accomplishment(08.10.2018)

Present appeals are directed against the judgment passed by the trial Court whereby the Appellants were convicted for the offence punishable under Sec.....

Tags : Conspiracy, Circumstantial evidence, Conviction

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SC: All Adverse Evidences Should Be Put As Questions While Examining Accused U/S 313 CrPC(05.08.2022)

Supreme Court has held that while examining an accused under Section 313 Code of Criminal Procedure (CrPC), all the adverse evidences has to put in th.....

Tags : Supreme Court, CrPC, Adverse Evidence

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SC: Cheque Case Against Partner Can be Quashed if Evidence Exists he wasn’t Concerned with Issuance(19.09.2022)

Supreme Court has held that a High Court can quash a cheque case only if it comes across some unimpeachable and incontrovertible evidence to indicate .....

Tags : Supreme Court, Cheque, Evidence

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Allahabad High Court: Cogent Evidence Required to Summon Any Person under Section 319 CrPC(28.11.2019)

Allahabad High Court has ruled that cogent evidence was required to summon a person under Section 319 of Code of Criminal Procedure, 1973 and that the.....

Tags : Allahabad High Court, Evidence

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Detention under the preventive detention laws is not punitive but is essentially a precautionary measure intended to prevent and intercept a person(13.01.2020)

In present case, the Superintendent of Special Customs Preventive Unit, Kannur intercepted the jeep. The second accused was the driver of the jeep. Th.....

Tags : Conviction, Evidence, Credibility

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Eye Witnesses’ Evidence Can’t Be Doubted on Ground That They Made No Attempts to Save Deceased: SC(17.09.2018)

Supreme Court has observed that evidence of the eye witnesses cannot be doubted on the ground that they did not intervene in the attack nor made attem.....

Tags : Supreme Court, Eye Witness Evidence

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CESTAT: Statement u/s 14 of Central Excise Act has no Evidentiary Value without Cross Examination(05.05.2022)

Customs, Excise and Service Tax Appellate Tribunal, Ahmedabad has observed that the statement made under Section 14 of the Central Excise Act, 1944 be.....

Tags : Customs, Excise, Evidentiary Value, Admissible Evidence

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Delhi HC: Right To Lead Evidence May Be Closed If Party Acts In 'Recalcitrant Fashion'(20.05.2022)

Delhi High Court has held that where a party is acting in a recalcitrant fashion, and refusing to make the witness available for examination or cross-.....

Tags : Delhi High Court, Right to lead Evidence, Examination, Witnesses

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When there is an eye witness to occurrence corroborated by other evidence, non-establishment of motive behind the crime is not fatal to prosecution(28.11.2017)

Appeal is against the judgment of conviction and order of sentence passed under Section 302 of Indian Penal Code, 1860 (IPC) against the Accused/Appel.....

Tags : Conviction, Legality, Evidence, Corroboration

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Supreme Court: Presumption of Dowry Death Must be Backed by Evidence of Cruelty(21.11.2016)

Supreme Court has ruled that presumption of culpability against an accused in a dowry death case under Evidence Act would be “activated” only when the.....

Tags : Supreme Court, Evidence Act, Dowry Death , Cruelty

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Supreme Court Explains Expert Evidence Should not be Given Preference Over Substantive Evidence(29.08.2019)

Supreme Court has clarified that expert evidence should not be given preference over substantive evidence. The Court also observed that generally mere.....

Tags : Supreme Court, Expert Evidence

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Before acting upon opinion of hand-writing expert, Court must see that, such evidence is corroborated by either direct or other circumstantial evidence.(14.01.2020)

Present appeal has been preferred challenging the impugned judgment passed by the High Court whereby the High Court dismissed the revision petition fi.....

Tags : Conviction, Evidence, Credibility

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Certificate required under Section 65B(4) of Evidence Act is a condition precedent to the admissibility of evidence by way of electronic record(14.07.2020)

Present Civil Appeals have been referred to a Bench of three honourable Judges of this Court by a Division Bench reference dealing with the interpreta.....

Tags : Admissibility, Evidence, Provision, Interpretation

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Pleas of unsoundness of mind or mitigating circumstances like juvenility of age ought to be raised during trial itself(19.08.2020)

The present criminal appeal is at the instance of Accused-Appellant who impugns the judgment of the High Court whereby his appeal against a judgment o.....

Tags : Conviction, Evidence, Legality

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Bombay HC: No Need to Seek Leave for Leading Secondary Evidence(15.11.2017)

Bombay High Court has reiterated that under the Evidence Act there is no provision to seek leave for leading secondary evidence and directed the circu.....

Tags : Bombay High Court, Secondary Evidence

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SC: Statement u/s 161 CrPC Inadmissible in Evidence and Cannot be Relied Upon for Conviction(03.03.2020)

Supreme Court has reiterated that a Statement recorded under Section 161 of the Code of Criminal Procedure, 1973 is inadmissible in evidence and canno.....

Tags : Supreme Court, Evidence to Uphold Conviction

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Bombay High Court Sets Aside Rape Conviction For Infirmities in Evidence of Prosecution(24.04.2017)

Bombay High Court has set aside rape conviction of one Anant Shivde, giving him benefit of doubt after it was found that evidence of prosecution suff.....

Tags : Bombay High Court, Prosecution, Evidence, Rape

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Delhi HC: Elaborate Investigation at Stage of Framing Charges Discouraged(05.04.2022)

Delhi High Court has held that an investigation into the offence and elaborate appreciation of evidence is not important and is rather not encouraged .....

Tags : Delhi High Court, appreciation of evidence, framing of charges, prima facie

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Allahabad High Court: Evidence not Part of Case Diary Cannot Form Basis for Taking Cognizance(29.11.2019)

Allahabad High Court has clarified that material which does not form part of the case diary nor has been collected by the Investigating Officer cannot.....

Tags : Allahabad High Court, Evidence

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Suspicion howsoever strong cannot substitute proof(26.02.2018)

Present appeals are against the judgment passed by the learned Additional Sessions Judge arising out of FIR registered at Police Station ('PS'), convi.....

Tags : Conviction, Circumstantial evidence, Proof

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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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Delhi HC Dismisses Ansal Brothers' Pleas Seeking Suspension of Sentence in Evidence Tampering Case(16.02.2022)

Delhi High Court has dismissed the pleas filed by real estate barons, Sushil Ansal and Gopal Ansal, seeking suspension of their seven-year jail term i.....

Tags : Delhi High Court, Suspension of Sentence in Evidence Tampering Case

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If evidence of an eyewitness, though a close relative of victim, inspires confidence, it must be relied upon(15.05.2018)

Instant appeal is against the judgment passed by the High Court of Jammu and Kashmir. By the said judgment, the High Court reversed the order of acqui.....

Tags : Conviction, Eye-witness, Evidence

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Notifications & Circulars

Evidence of Import under Import Data Processing and Monitoring System(12.01.2017)

Attention of Authorized Dealer Category-I (AD Category-I) banks is invited to A.P. (DIR Series) Circular No. 05 dated October 06, 2016 read with Secti.....

Tags : Import, Processing, Evidence

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Delhi HC: Court Cannot Re-Appreciate Evidence Already Considered by Departmental Authorities(02.08.2022)

Delhi High Court has held that in cases of departmental enquiries, it cannot re-appreciate evidence which has already been reasonably considered by th.....

Tags : Delhi High Court, Departmental Enquiries, Evidence

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Delhi Court Upholds Ansal Brothers' Conviction in Evidence Tampering Case(19.07.2022)

Delhi Court has dismissed the appeals of real estate barons Sushil Ansal and Gopal Ansal challenging their conviction in the evidence tampering case i.....

Tags : Delhi Court, Evidence Tampering, Uphaar Fire Tragedy

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SC: Application Not Necessary for Producing Secondary Evidence(30.03.2020)

Supreme Court has held that there is no need to file an application seeking permission to produce secondary evidence.

Tags : SC, Secondary Evidence

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Allahabad HC: Court Can Allow Production of Certificate U/S 65-B(4) of IEA at Later Stage of Trial(10.06.2022)

Allahabad High Court has held that trial court has power to allow prosecution to produce the certificates under Section 65-B (4) of the Indian Evidenc.....

Tags : Allahabad High Court, Evidence Act, Certificate

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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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Gauhati HC: Incriminating Evidence Under Section 3113 CrPC Should be Put Up in Concise Manner(15.04.2022)

Gauhati High Court has observed that under Section 313 of Code of Criminal procedure, 1973 (CrPC), the trial Court should bring to accused’s notice, i.....

Tags : Gauhati High Court, Incriminating Evidence

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SC: Signed Carbon Copy As Good As Original in Evidence(31.10.2019)

Supreme Court has held that signed carbon copy of a document is as good as the original document and can be admissible as a primary evidence under Sec.....

Tags : Supreme Court, Indian Evidence Act

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Bombay HC Permits Supply of Free Copies of Notes of Evidence in PDF Format to Parties(23.07.2018)

Committee of Administrative Judges of Bombay High Court has granted permission to supply digital copies of notes of evidence in PDF format to parties .....

Tags : Bombay High Court, Evidence

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KHC: If Victim’s Evidence Inspires Confidence, Court Can Convict Rape Accused(16.10.2019)

Karnataka High Court (KHC) has observed while setting aside an acquittal order and convicting a man on charges of raping a minor girl that the very ev.....

Tags : KHC, Evidence

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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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AP HC: Non Cross Examination Implies Statement of Witness Has Not Been Disputed(30.03.2022)

Andhra Pradesh High Court has held that the principles regarding cross-examination as not merely being a technical rule of evidence but a rule of esse.....

Tags : Andhra Pradesh High Court, Cross-Examination, Rule of Evidence, Evidence

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Madras High Court: Primary Evidence of Electronic Record Admissible Without Compliance U/S 65(B)(23.05.2017)

Madras High Court has observed that primary evidence of electronic record under Section 62 of Indian Evidence Act, 1872 would be admissible in evidenc.....

Tags : Madras High Court, Electronic Record , Evidence

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Secondary evidence can be permitted to be produced where party establishes factual foundation(13.05.2020)

Present appeal is directed against the judgment passed by the High Court whereby the High Court confirmed the order passed by the Civil Judge in appli.....

Tags : Will, Secondary evidence, Entitlement

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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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ITAT: Supporting Evidence Mandatory for Claim TDS Credit in Absence of TDS Certificate(01.09.2022)

Income Tax Appellate Tribunal (ITAT), Mumbai Bench has held that supporting evidence is mandatory for claiming TDS Credit in absence of a TDS Certific.....

Tags : ITAT, TDS Credit, Supporting Evidence

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Reducing documentary requirements for hedging transactions(07.04.2016)

The Reserve Bank of India released proposals to ease documentation requirements on residents for hedging currency risk arising out of trade transactio.....

Tags : hedging risk, derivate contracts, documentary evidence

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P&H HC: Bail May Be Granted If Case Not Concluded in 60 Days from initiation of Prosecution Evidence(22.08.2022)

Punjab and Haryana High Court has held that in terms of Section 437(6) of Code of Criminal Procedure (CrPC), bail ought to be granted where the trial .....

Tags : Punjab and Haryana High Court, Bail, Prosecution Evidence

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Madhya Pradesh HC: Mere Statements Cannot be Considered as Incriminating Material(24.02.2020)

Madhya Pradesh High Court has held that the unexplained investments were made by the Assessing Officer merely based on the statements given during the.....

Tags : Madhya Pradesh High Court, Incriminating Material or Documentary Evidence

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Finger Print Evidence of Accused Not Illegal if Taken Without Magistrate's Order: SC(15.01.2019)

Supreme Court has observed that merely due to the absence of a magisterial order authorizing the police to obtain fingerprints of the accused, it cann.....

Tags : Supreme Court, Finger Print Evidence

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Kerala HC Stays All Proceedings Against Minister Antony Raju in Evidence Tampering Case(03.08.2022)

Kerala High Court has stayed all the proceedings of the lower court pending against Transport Minister Antony Raju in the evidence tampering case for .....

Tags : Kerala High Court, Evidence Tampering, Minister

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Rape Victim's Evidence Stands on Higher Pedestal Than That of Injured Witness: Bombay HC(11.02.2019)

Bombay High Court has acquitted a man convicted of raping his 15-year-old student who took tuition from him and also held that a rape victim's evidenc.....

Tags : Bombay High Court, Rape Victim's Evidence Stands on Higher Pedestal

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Applicability of requirement of certificate being procedural can be relaxed by Court wherever interest of justice so justifies(30.01.2018)

In instant Special Leave Petition (SLP), question which arose in the course of consideration of the matter was whether videography of the scene of cri.....

Tags : Crime scene, Videography, Investigation, Evidence

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Allahabad HC: Power u/s 391 CrPC Same as Power Under Order XLI Rule 27 CPC(31.08.2021)

Allahabad High Court has observed that power under Section of 391 of the Code of Criminal Procedure, 1973 is akin to those of Order XLI Rule 27 of the.....

Tags : Allahabad High Court, Power to Take Additional Evidence

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Can’t Reject Approver’s Evidence If Confirmed: Madras High Court(02.04.2018)

Madras High Court has observed that if the evidence of the approver is corroborated by other material particulars, the same cannot be eschewed merely .....

Tags : Bombay High Court, Evidence

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P&H HC: Production Of Certificate Not Necessary to Obtain Voice Sample of Accused(30.03.2022)

Punjab and Haryana High Court has ruled that while filing an application by the prosecution to obtain the voice sample of the accused for the purposes.....

Tags : Punjab and Haryana High Court, Section 65B(4) of the Evidence Act, voice sample, certificate

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Absconding, by Itself, Hardly Any Evidence of Guilt: Bombay HC(15.04.2019)

Bombay High Court has held that if a person is found to be on run after committing a crime, it will not be counted as “conclusive evidence” to prove h.....

Tags : Bombay High Court, Conclusive Evidence

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It is the duty of First Appellate Court to appreciate entire evidence and arrive at its own independent conclusion(04.12.2017)

The Appellant filed a suit in the Court of City Civil Judge, against the Respondents for a declaration and permanent injunction in relation to the lan.....

Tags : Appreciation, Evidence, Appellate Court, Duty

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Evidence-based Impact of National Deworming Day in India(20.10.2020)

Soil-Transmitted Helminthiases (STH), also known as parasitic intestinal worm infection, is a significant public health concern mostly in low resource.....

Tags : Evidence, Impact, De-worming

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SC: Rule of Evidence to Prove Criminal Charges Can’t be Used While Deciding MAC Claims(12.08.2022)

Supreme Court has held that rule of evidence to prove criminal charges can’t be used while deciding application seeking motor accident compensation (M.....

Tags : Supreme Court, MAC, Evidence

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Allahabad HC: Accused Can't Seek Trial Court's Direction to Collect Particular Evidence(05.09.2022)

Allahabad High Court has held that an accused cannot ask the trial Court for a direction to the prosecuting agency that a shred of particular evidence.....

Tags : Allahabad High Court, Evidence, Prosecuting Agency

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SC: Secondary Evidence Can be Permitted to be Produced Where Party Establishes Factual Foundation(14.05.2020)

Supreme Court has observed that a Court can permit a party to produce secondary evidence if he establishes a factual foundation for producing the same.....

Tags : Supreme Court, Secondary Evidence

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Allahabad HC: Accused Has Right to Summon Evidence/Witness Relevant for Prosecution Evidence(04.11.2020)

Allahabad High Court allowed an application for recall of witness moved by an accused under Section 311 of the Code of Criminal Procedure, 1973 while .....

Tags : Allahabad High Court, Right to Summon Evidence/Witness

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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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SC: Evidence Showing Meeting of Minds Between Conspirators Important for Offence u/s 120-B IPC(08.12.2021)

Supreme Court has observed that in absence of any evidence to show meeting of minds between the conspirators for the intended object of committing an .....

Tags : Supreme Court, Evidence Showing Meeting of Minds Between Conspirators

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Once a plausible version has been put forth in defence at the examination stage, then it is for the prosecution to negate the defense plea(28.07.2020)

The present Criminal Appeal has been preferred by Appellant impugning the judgment of the High Court through which challenge to a judgment passed by t.....

Tags : Conviction, Evidence, Credibility

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ITAT: Section 40 A(2)(B) Can’t Be Invoked Without Corroborative Evidence(23.05.2022)

Income Tax Appellate Tribunal (ITAT), Chennai bench, has held that Section 40 A(2)(b) of Income Tax Act can’t be invoked without corroborative evidenc.....

Tags : ITAT, Corroborative Evidence, Remuneration

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Mere circumstance of Accused being last seen with the deceased is an unsafe hypothesis for conviction under Section 302 of IPC(19.09.2017)

Present appeal arises from a judgment of a Division Bench of High Court. The High Court affirmed the conviction of the Appellant under Section 302 of .....

Tags : Conviction, Legality, Circumstantial evidence

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Supreme Court: Conviction Cannot be Solely Based on Evidence of Hand-Writing Expert(15.01.2020)

Supreme Court has reiterated that without an independent and reliable corroboration, the opinion of the handwriting experts cannot be relied upon to b.....

Tags : Supreme Court, Evidence, Hand- Writing

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SC: Certificate is Condition Precedent to Admissibility of Electronic Evidence(15.07.2020)

Supreme Court has held that the certificate required under Section 65B(4) of the Indian Evidence Act, 1872 is a condition precedent to the admissibili.....

Tags : Supreme Court, Admissibility of Electronic Evidence

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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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Guj. HC: When Substantial Evidence Fails, Corroborative Evidence Loses Significance(18.07.2022)

Gujarat High Court has held that where substantial evidence to connect an accused with the crime is lacking, other corroborative evidence loses its si.....

Tags : Gujarat High Court, Substantial Evidence, Corroborative Evidence

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SC: Cannot Discharge Murder Accused Only Based on Postmortem Report(27.07.2022)

Supreme Court has held that a trial court could not discharge the accused from murder charges merely relying on Post mortem report indicating cause of.....

Tags : Supreme Court, Murder, Postmortem, Substantive Evidence

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P&H HC: Previous Statement of Witness Should be Put to His Notice if it’s Used For Contradicting Him(31.05.2022)

Punjab and Haryana High Court has held that if the witness was not confronted with that part of the statement with which the defense wanted to contrad.....

Tags : Punjab & Haryana High Court, Witness, Statement, Evidence Act

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Measure of punishment should be proportionate to gravity of offence, to protect society and to deter criminal in achieving avowed object of law(24.01.2019)

Present Criminal Appeal has been filed by convict Appellant against judgment passed by Additional Sessions Judge/Special Judge related with Case Crime.....

Tags : Conviction, Legality, Circumstantial evidence

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Cal. HC: Writ Court Can’t Re-appreciate Evidence Already Examined by Industrial Tribunal(03.10.2022)

Calcutta High Court has held that High Courts can’t interfere with awards passed by Tribunals by re-appreciating evidence already considered and exami.....

Tags : Calcutta High Court, Evidence, Industrial Tribunal

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Rajasthan HC: Medical Evidence Cannot be Doubted at Stage of Framing of Charges(25.04.2022)

Rajasthan High Court has observed that medical evidence cannot be doubted, that too, at the stage of framing of charges, where as per the settled law .....

Tags : Rajasthan High Court, Medical Evidence, Stage of Framing of Charges

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CESTAT: No Penalty on Confiscated Gold Bar in The Presence of Cogent Evidence(29.06.2022)

Customs, Excise, and Service Tax Appellate Tribunal (CESTAT), Delhi bench has held that no penalty arises on a confiscated gold bar in the presence of.....

Tags : CESTAT, Confiscated, Cogent Evidence

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Kerala HC: S.113B of Evidence Act Casts Reverse Burden on Accused to Disprove Prosecution Case(04.08.2022)

Kerala High Court has held that in dowry death cases, Section 113B of the Indian Evidence Act casts a reverse burden on the accused to disprove he pro.....

Tags : Kerala High Court, Dowry Death, Evidence, Presumption

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ITAT: No Documentary Evidence to Substantiate PRP as Expenditure, Claim is Not Sustainable(07.09.2022)

Income Tax Appellate Tribunal, Kolkata has observed that the claim of Performance Related Pay (PRP) is not sustainable when no documentary evidence wa.....

Tags : Income Tax Appellate Tribunal, Performance Related Pay, documentary evidence

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SC: Video of Confession Made Before Police Inadmissible in Evidence(03.10.2022)

Supreme Court while setting aside concurrent conviction in a murder case, has held that videography containing confession made by an accused to police.....

Tags : Supreme Court, Confession, Evidence

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