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Calcutta High Court found no loopholes in the trial court’s analysis of the evidence, concluding that the appellant’s guilt under Section 304 IPC was proved beyond a reasonable doubt.
The Calcutta High Court stated that Mens rea, a crucial element for a criminal offense, was not established merely by the omission of the license number.
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on credibility of the witness.
The case at hand presents a tragedy, wherein the continuous demands of dowry made by the appellant pushed the deceased into a despair so profound that she felt compelled to take her own life. This serves as a reminder of how the forces of greed can often eclipse the sanctity of human life and the bonds of matrimony.
“Presumption is that every witness is impartial and independent, unless proved contrary. There is no presumption for doubting the credibility of official witnesses, in principle.
“Thrusting upon a woman the guilt of having killed a child without any proper evidence, simply because she was living alone in the village, thereby connecting with one another two unrelated aspects; reinforces the cultural stereotypes and gendered identities which the Court has explicitly warned against.”
“No doubt, that a conviction can be solely recorded on the basis of dying declaration. However, for doing so, the court must come to a conclusion that the dying declaration is trustworthy, reliable and one which inspires confidence.”
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on the credibility of injured eyewitnesses.
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on Section 32(1) of the Evidence Act, 1872.
Bombay High Court expressed that it was persuaded to stay her conviction due to the fact that she was employed as a sweeper and had to provide for basic needs of her grandchildren.
Calcutta High Court held that there does not appear to be any discrepancies in the statements and evidence provided, therefore the same can be considered reliable and trustworthy, beyond all reasonable doubt.
Supreme Court opined that the Trial Court, as well as, the Bombay High Court have rightly appreciated the evidence and convicted the convict for the offence punishable under Sections 307 and 332 of the IPC
This report covers the Supreme Court's Never Reported Judgment dating back to the year 1952 on duty of appellate court under Criminal Procedure Code, 1898.
“Nothing has improved even after more than a decade of “Nirbhaya”. Women also have the right to life and liberty. They also have the right to be respected and treated as equal citizens. Their honour and dignity cannot be touched or violated”.
Rahul Gandhi was sentenced to two years imprisonment for offence under Sections 499 and 500 of IPC for his ‘all thieves have Modi surname’ remark.
The Supreme Court was hearing Rahul Gandhi’s plea challenging Gujarat High Court’s order dismissing his application to stay two years conviction Order.
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’).
Punjab and Haryana High Court perused the affidavit submitted by the Superintendent of Prison, according to which, the petitioner had already undergone custody of more than 2 years and 5 months.
The daughter was 16 years and 4 months old studying in class 11 when she allegedly witnessed her father being shot with a gun by two people, then herself being fastened with the charges of killing her father.
The Supreme Court in State of M.P. v. Shyamsunder Trivedi, (1995) 4 SCC 262 observed that, it would be police officials alone who can only explain the circumstances in which a person in their custody had died.