What is the importance of motive in a case based on circumstantial evidence? J&K and Ladakh HC answers
The Court stated that motive assumes great importance in a case based on circumstantial evidence as without motive, chain of events is incomplete.
circumstantial evidence
Circumstantial Evidence Acquittal: Why did Bombay High Court acquit a woman accused of killing her husband’s second wife?
The impugned judgment accepted the case of appellant being annoyed of second marriage, took her to the well to eliminate the deceased and strangulated her and thereafter threw her body in the well.
“To clinch a conviction, circumstances ought to form a chain to indicate that the accused and no one else committed the crime”: Supreme Court
The instant matter related to a person killed while he was travelling with his group on scooter, allegedly by constables patrolling the village, which was investigated by the Central Bureau of Investigation (‘CBI’).
Never Reported Judgment| Application of False trade descriptions can be proven through circumstantial evidence, not just positive affirmative evidence [1951 SCC 549]
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1951 on Section 6 of the Merchandise Marks Act, 1889.
‘Chain of circumstantial evidence incomplete to interfere with acquittal’; Supreme Court affirms acquittal in 25-year-old case
Supreme Court concurred with the Punjab and Haryana High Court that incriminating circumstances were not proved beyond reasonable doubt and chain of evidence was not complete to interfere with a degree of certainty of accused having committed the crime.
Orissa High Court upholds Acquittal of Accused Persons in witchcraft murder case
The Court said that in the case of circumstantial evidence, the links must form a continuous chain and must point unerringly to the guilt of the accused and to no one else.
Chain of Circumstantial evidence must be complete in all aspects to indicate guilt of accused: Supreme Court
The Supreme Court was of the view that the High Court ought to have interfered with the conviction when it found one of the links in circumstantial evidence missing and not proved, respecting the settled law in this regard.
Last seen evidence does not lead to irrevocable conclusion without complete chain of evidence establishing guilt; SC acquits convict in a 23-year-old murder case
The Court said that the prosecution failed to prove the case beyond reasonable doubt and the case did not pass the standard required in a case of circumstantial evidence.
Allegation of demand of gratification and acceptance made by a public servant must be established beyond a reasonable doubt; Supreme Court set aside order of conviction
Supreme Court said that when reliance is placed on circumstantial evidence to prove the demand for gratification, the prosecution must establish each and every circumstance from which the prosecution wants the Court to draw a conclusion of guilt.
‘Circumstantial evidence to be accompanied with motive and corroborating evidence’; Supreme Court acquits men accused in 2001 murder case
The Supreme Court opined that the evidence has to be scrutinized so as to ensure that the totality of the evidence and circumstances relied on, did constitute a complete chain and directly points to the guilt of the convict.
Supreme Court finds Chhattisgarh High Court’s judgment ‘Sketchy’; Acquits murder convict in a 20-year-old case
Supreme Court said that the cherished principles or golden threads of proof beyond reasonable doubt which runs through the web of our law should not be stretched morbidly which was done by the Courts below.
Evaluating the Standard of Evidence Used in Insider Trading Cases
by Harsh N. Dudhe† and Pranay Bhardwaj††
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