eye witness Archives

Two acquitted after complainant fails to identify them

“No direct identification of accused persons being the culprits”: Delhi Court acquits two in robbery case after complainant fails to identify them

The Court noted that the complainant was the only public witness in the present case and the prosecution could not bring any other public witness. However, the complainant could not identify the accused persons during his testimony in Court.

Case Briefs High Courts

J&K and Ladakh HC grants bail to Sarpanch in wife’s murder case, Citing lack of credible evidence

“Bail or jail belongs to the blurred area of criminal justice system which largely hinges on the hunch of the Bench, otherwise called judicial discretion. The Court should take cognizance of the fact that the liberty of an individual whose involvement has not been established in the commission of an offence, should not be lightly dealt with. Incarceration creates a concavity in the personality of an individual.”

Case Briefs High Courts

Bombay High Court dismisses appeal against conviction for murder of his wife based on child witness’ testimony

Mere accompaniment of uncle to visit court for recording statement under section 164 of CrPC is not good ground or submission to hold that the child was tutored.

Case Briefs District Court

Delhi Court acquits two accused persons in Ashok Nagar Riots case as prosecution fails to prove its case beyond reasonable doubt

Karkardooma Court, Delhi: In a case filed by the State against the two accused Yogender Singh and Suraj under Section 147/148/149/427/436 Penal

Case Briefs High Courts

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

Case Briefs Supreme Court

Examination of a ballistic expert is not an inflexible rule in every case involving use of a lethal weapon: SC

Supreme Court: In a case where deceased had sustained a gun-shot injury with a point of entry and exit, the 3-judge bench

Case Briefs Supreme Court

Are strict principles of evidence and standards of proof like in a criminal trial applicable in Motor Accident Claims cases? Supreme Court answers

Supreme Court: The bench of Surya Kant and Aniruddha Bose, JJ has held that the strict principles of evidence and standards of

Case Briefs Supreme Court

SC| Evidence has to be weighed and not counted

“… the prosecution has miserably failed to prove the guilt of the accused beyond doubt the appellants therefore must be given benefit of doubt.”

Case Briefs High Courts

Jhar HC | Minor inconsistencies, exaggerations or embellishments in testimonies of eye-witness does not throw prosecution’s case into the winds

Jharkhand High Court: A Division Bench of Shree Chandrashekhar and Ratnaker Bhengra, JJ. dismissed a criminal appeal challenging the order of trial

Case Briefs High Courts

All HC | Eye-witness statement cannot be discarded on ground of close relationship with deceased if the evidence inspires confidence

Allahabad High Court: This Jail Appeal was filed before the Division Bench of Sudhir Agarwal and Vivek Varma, JJ., under Section 383

Case Briefs High Courts

Onus shifts on accused to prove defence when prosecution discharges burden of proof

Madhya Pradesh High Court: This appeal was filed before a 2-Judge Bench comprising of Sujoy Paul and Nandita Dubey, JJ., against the

Case Briefs Supreme Court

Conviction can be based on the truthful testimonies of the eye witness even if they were related to the deceased

Supreme Court: In the case where 5 appellants, convicted under Section 302 read with Section 149 IPC, had approached the Court with