//
archives

circumstantial           evidence

This tag is associated with 4 posts

Sections 376, 302 and 201 of Indian Penal Code – Non- mentioning of Name in FIR – not fatal – Last seen theory proved – Confessional statement of Accused was duly corroborated – Apex court held that Lower courts rightly convicted the accused – dismissed the appeal = CRIMINAL APPEAL NO.592 OF 2010 RAMESH ……APPELLANT Vs. STATE THROUGH INSPECTOR OF POLICE ……RESPONDENT= 2014 -Aug.part – http://judis.nic.in/supremecourt/filename=41800

Sections 376, 302 and  201 of Indian Penal Code – Non- mentioning of Name in FIR – not fatal – Last seen theory proved – Confessional statement  of Accused was duly corroborated – Apex court held that Lower courts rightly convicted the accused – dismissed the appeal = Whether the absence of name of the accused in the … Continue reading

Sec.302 – Murder of Wife – Circumstantial evidence – last seen theory – Accused in the last night with his wife – Sec.313 – non-explanation about his where abouts at the time of death which took place in the last night, by accused – recovery of assaulted weapon – clearly discloses the Accused is an offender – Apex court dismissed the appeal = KHIM SINGH … APPELLANT VERSUS STATE OF UTTARAKHAND … RESPONDENT = 2014 – July. Part – http://judis.nic.in/supremecourt/filename=41755

Sec.302 – Murder of Wife – Circumstantial evidence – last seen theory –  Accused in the last night with his wife – Sec.313 – non-explanation about his where abouts at the time of death which took place in the last night, by accused – recovery of assaulted weapon – clearly discloses the Accused is an … Continue reading

Extra Judicial Confession – Apex court held that it is not open to any court to start with the presumption that extra-judicial confession is insufficient to convict the accused even though it is supported by the other circumstantial evidence and corroborated by independent witness which is the position in the instant case. The Courts cannot be unmindful of the legal position that even if the evidence relating to extra-judicial confession is found credible after being tested on the touchstone of credibility and acceptability, it can solely form the basis of conviction.and further held that we are not prepared to accept the plea that merely because one of the witnesses to the confessional statement did not support the confession in its entirety, the entire confession should be brushed aside as unreliable even though independent witness like the Village Administrative Officer had supported the recording of conviction.= BASKARAN & ANR. ..Appellants Versus STATE OF TAMIL NADU ..Respondent = 2014 (April. Part)http://judis.nic.in/supremecourt/filename=41478

Extra Judicial Confession – Apex court held that it is  not open  to any court to  start  with the presumption that extra-judicial confession is  insufficient  to  convict the accused even  though  it  is  supported  by  the  other   circumstantial evidence and  corroborated by independent  witness which is the position  in the instant case.   The Courts  cannot be unmindful  of … Continue reading

376(2)(g) and 302/34, IPC and sec. 306 of Cr.p.c – Approver – Lower court punished to death basing on the evidence of approver – High court disbelieved the version of approver as he has not disclosed himself as prima accused in the offence and lack of corroboration and set aside the sentence – Apex court set aside the high court order – punished for life etc., = State of Rajasthan …… Appellant Versus Balveer @ Balli & Anr. ….. Respondents – Reported in http://judis.nic.in/supremecourt/filename=40947

376(2)(g) and 302/34, IPC and sec. 306 of Cr.p.c – Approver – Lower court punished to     death basing on the evidence of approver – High court disbelieved the version of approver as he has not disclosed himself as prima accused in the offence and lack of corroboration and set aside the sentence – Apex court set aside … Continue reading

Blog Stats

  • 2,848,831 hits

ADVOCATE MMMOHAN

archieves

Enter your email address to subscribe to this blog and receive notifications of new posts by email.

Join 1,901 other followers

Follow advocatemmmohan on WordPress.com