Evaluating the Standard of Evidence Used in Insider Trading Cases
by Harsh N. Dudhe† and Pranay Bhardwaj††
circumstantial evidence
2022 SCC Vol. 10 Part 2
Arbitration and Conciliation Act, 1996 — Ss. 14(1)(a) and 2(1)(e) r/w Ss. 11(5) and 11(6) — Application seeking termination of
Punjab and Haryana High Court | FSL report forms the foundation of NDPS cases; its absence renders Section 173 CrPC report insufficient
Punjab and Haryana High Court granting bail to the petitioner emphasised that the NDPS cases can only survive in case the prosecution is able to establish that the article recovered is indeed a contraband and which can only be established on the basis of its chemical examination, which is normally done through FSL.
“Left with no alternative”, Supreme Court acquits all 3 accused in Chhawla Gang Rape and Murder case
“The prosecution has to bring home the charges levelled against them beyond reasonable doubt, which the prosecution has failed to do in the instant case, resultantly, the Court is left with no alternative but to acquit the accused, though involved in a very heinous crime.”
Manipulated laboratory report, broken links of evidence; Supreme Court reverses concurrent findings of Courts below to acquit a murder accused
Supreme Court: The Division Bench of Hemant Gupta and Vikram Nath*, JJ., reversed the impugned judgments of the Punjab and Haryana High
Orissa High Court | Witnesses related to the deceased would not result in their testimonies being discarded if otherwise truthful and consistent
Orissa High Court: In an appeal filed challenging the Trial court ruling, convicting the accused under Section 302 of Penal
Findings of Trial Court based on surmise and conjecture, opposed to any reason, rationality, principles of evidence and natural justice; Calcutta High Court acquits in matter of 304 IPC
Calcutta High Court: Sugato Majumdar, J. allowed a criminal appeal which was assailed against the judgment and order of Additional Sessions Judge
Tripura High Court | Mere presence of the accused person and last seen of the offence cannot draw an inference to committing of the crime ; Conviction reversed
Tripura High Court: The Division Bench of Amarnath Goud and Arindam Lodh, JJ. allowed an appeal which was filed against
[Honour Killing] Raj HC | Exercising judicial discretion as well as invoking the sense for exercising judicial discretion lies with the Court; Rejects bail
Rajasthan High Court: Farjand Ali, J. dismissed the bail application of petitioner being accused of honour killing and observed that the investigating
Cal HC | Abscondence of an accused by itself does not establish his guilt; Conviction and sentence for punishment of murder set aside
Calcutta High Court: The Division Bench of Joymalya Bagchi and Ananya Bandyopadhyay, JJ. allowed an appeal which was directed against the judgment
Bom HC | Appellate court can reverse the finding and sentence of the trial court ordering re-trial
Bombay High Court: The Division Bench of S.S. Shinde and Milind N. Jadhav, JJ. allowed an appeal against conviction of the Appellant
Sikk HC | “Last seen together theory- Inconclusive in absence of clear motive and beyond doubt circumstantial evidences”: Court acquits
Sikkim High Court: Meenakshi Madan Rai J., while acquitting the accused charged under section 302, 392 and 427 of IPC held that
[Honour Killing] ‘Could have cut off relations, instead opted to commit cold blooded murder’: Bom HC upholds death penalty of brother for pre-planned murder of sister and lover
Bombay High Court: Division Bench of V.K. Jadhav and Shrikant D. Kulkarni, JJ., addressed a case of ‘Honour Killing’ by a brother
SCC Snippets| Five golden principles governing cases based only on circumstantial evidence
In Sharad Birdhichand Sarda v. State of Maharashtra, (1984) 4 SCC 116, the bench of S. Murtaza Fazal Ali, A. Varadarajan and Sabyasachi
‘False defence no ground to convict if chain of circumstantial evidence is incomplete’. 10 years after wife’s death, SC sets man free
Supreme Court: The bench of Ajay Rastogi and Abhay S. Oka*, JJ has held that when the chain of circumstantial evidence is
Ori HC | In cases where guilt is based only on circumstantial evidence; suspicion, however, grave may be, cannot be a substitute for a proof
Orissa High Court: A Division Bench of S. Panda and S. K. Panigrahi, JJ. set aside the impugned conviction order and allowed
Bom HC | Circumstantial Evidence. Wife found dead, can husband be convicted on the basis of him being last seen with wife? Do Police Officers need to substantiate their stand on basis of documents? Read on
Bombay High Court: The Division Bench of Prasanna B. Varale and S.M. Modak, JJ., held that in a matter of circumstantial evidence,
Bom HC | Can a person be held liable under S. 302 IPC on the basis of ‘last seen’ theory and not being able to offer sufficient explanation? Significance of ‘last seen’ theory in establishing homicidal nature of death discussed
Bombay High Court: The Division Bench of Sadhana S. Jadhav and N.J. Jamadar, JJ., while addressing the present matter, expressed that: Where
Jhar HC | Abscondence alone may not be a determinative factor to infer guilt under S. 302 IPC but when medical evidence discloses homicidal death abscondence becomes a relevant fact
Jharkhand High Court: Shree Chandrashekhar J., upheld the impugned judgment and dismissed the appeal being devoid of merits. The case at hand
Bom HC | Woman murdered her new born child; Court upholds trial court’s verdict based on circumstantial evidence
Bombay High Court: A Division Bench of R.D. Dhanuka and Surendra P. Tavade, JJ., upheld the trial court’s decision based on circumstantial evidence