Bringing you the Best Analytical Legal News
The Court observed that a mere change of Counsel is no ground to entertain a challenge to the cognizance order when the trial is at the stage of hearing final submissions
Senior Advocate Pinky Anand conducted a training workshop in Goa on strengthening the implementation of SOPs for collection and presentation of forensic evidence in cases of sexual assault, gender-based violence and child abuse.
The Court, however, noted that considering the seminal importance and significance of the issues raised in it, it required a little more research and appreciation of law to decide these issues, which are relevant not only for these proceedings, but also in any other criminal proceedings.
This report covers the Supreme Court’s Never Reported Judgment on power of Supreme Court to transfer cases dating back to the year 1955.
Justice Varma cites reversed burden of proof, selective exclusion of evidence, and denial of fair hearing in cash-linked probe.
The Court grimly noted that hooliganism shown by the members of Barabanki Bar Association, stating that Bar Council of India is expected to take appropriate action. The Court also transferred the case to Tis Hazari Courts to ensure fair trial.
A litigant cannot be placed in a worse position merely for having approached the court.
“The right to a fair trial is a cornerstone of our legal system.”
“Even if there is an iota of doubt as to the sanctity of the procedure or the correctness of the evidence, the accused should be given an opportunity to disprove the earlier test result”
“The failure to provide documents to the accused in a language in which the accused could not read, would definitely scuttle the chances for the accused to instruct and assist his counsel in canvassing the defence on his behalf.”
“Merely admitting evidence on record is not proof of a fact-in-issue or a relevant fact… Admitting evidence is mere inclusion of evidence in record, to be assessed on a comprehensive set of factors, parameters and aspects, in the discretion of the court.”
“The law… does not permit a retrospective resurrection of childhood once the individual steps into legal adulthood; and to permit otherwise would be to dilute the doctrinal rigour of age-based legal classifications and introduce subjectivity into a domain that demands exactitude.”
“The possibility that some accused persons have not appeared due to their socio-economic vulnerabilities must be taken into account, and their absence should not be construed as a waiver of their right to seek justice.”
“The right of the accused to defend himself in a criminal trial is guaranteed by Article 21 of the Constitution of India. He is entitled to a fair trial. But if effective legal aid is not made available to an accused who is unable to engage an advocate, it will amount to infringement of his fundamental rights guaranteed by Article 21”
Supreme Court said that the High Court fell into grave error of law while interfering in the well-reasoned judgment rendered by the Tribunal whereby, the Tribunal had quashed the order imposing penalty upon the appellant.
‘Money, it seems, is to be exchanged for getting a quietus to the present criminal proceedings for offence of rape—a proposition that is not only immoral but also strikes at the very core of our criminal justice system.’
“One has to carefully see the nature of the publication and find out as to the content of the publication will cause prejudice to the trial of a case or not.”
“The High Court balanced the right to privacy of police officials with the accused’s right to a fair trial, emphasizing that accessing electronic records crucial for defence did not compromise the former unduly.“
“First progress report of the investigation has been called for in seven years. Moreover, the administrative instruction has not been followed inasmuch as more than thrice transfer of investigation of the case was not permissible.”
“No citizen in this country should feel that due to his physical or mental disability, justice is not done to him either due to lack of material infrastructure or moral, ethical, sensitive and understanding by the judicial system.”