Centre appoints SG Tushar Mehta led Prosecution team in 26/11 Trial
S.V. Raju, Additional Solicitor General; Dayan Krishnan, Senior Advocate; and Narender Mann, Advocate will be part of the team representing NIA.
prosecution
Supreme Court upholds acquittal of man accused of burning wife and three daughters alive in 17 year old case
“When an appeal against conviction is preferred before the High Court, at the earliest stage, the High Court must examine whether there is a proper statement of the accused recorded under Section 313 of CrPC (Section 351 of the Bharatiya Nagarik Suraksha Sanhita, 2023).”
Supreme Court upholds conviction of man for murdering his wife; Rejects plea of alibi
The absence of any explanation or defense from the convict, coupled with the surrounding circumstances that pointed to his culpability, led the Supreme Court to conclude that the only plausible inference was that the convict had participated in the commission of the crime.
Doctrine “Falsus in uno, falsus in omnibus” doesn’t apply in India; Courts must separate reliable evidence from exaggerations: J&K High Court
“It is the duty of the Court to remove the chaff from the grain in its pursuit for truth. It is not open to the trial Court to throw out the entire prosecution evidence just because it was contradictory on certain aspects of the case.”
‘Prosecution in rape cases cannot be withdrawn on basis of survivor’s forgiveness or understanding between parties’: Meghalaya HC
The rape survivor addressed a letter to the Police stating that she had forgiven the accused persons, considering their young age and desired not to proceed any further in the matter.
[Rohith Vemula Suicide] ‘Despite best efforts of Investigating Officer, no evidence could be collected’; Telangana HC disposes of petitions after prosecution files closure report
The Telangana High Court noted that multiple issues could have driven Rohith Vemula to commit suicide and further, it could also not be established that the actions of the petitioners had driven Rohith Vemula to commit suicide.
Non-production of the accused before Trial Court on 70 occasions; Bombay HC grants bail; Flags procedural failure by prosecution
Even though the applicant in the instant case was accused of serious crimes, the Court granted bail stating that an accused must be granted bail if their trial was not effectively progressing and protracted for no fault of theirs.
Chairman, MD, ED, of private banks are public servants; Telangana HC allows prosecution of officials under Prevention of Corruption Act
The Special Judge for CBI Cases, Hyderabad, failed to appreciate the facts and circumstances and held that respondents are not public servants and accordingly exonerated them from offences under the provisions of the Prevention of Corruption Act, 1988.
Charge sheet not invalidated/vitiated, if documents relied on by prosecution not filed along with it: Delhi High Court
“The right of an Investigating Officer for further investigation in terms of Section 173(8) of the Criminal Procedure Code, 1973 (‘CrPC’) is not taken away only because the charge sheet is filed under Section 173(2) of the CrPC against the accused.”
‘Complete lack of due diligence in prosecution as petition u/s 34 of A&C Act, 1996 dismissed twice’; Delhi HC dismisses application filed for availing benefit u/s 14 of Limitation Act
“In the context of Section 14 of Limitation Act, 1963, what needs to be seen is whether appellant has brought on the record any evidence to show that he is prosecuting the previously instituted suit with due diligence.”
Hassan Sessions Court acquits persons accused in 12-year-old rape case based on prosecutrix’ behaviour “which was against normal human conduct”
The Special Judge opined that the prosecutrix’s conduct of never disclosing anything about incident to anybody nor seeking anybody’s help during relevant period, cast a serious doubt on her version of events.
Supreme Court stays NGT order directing prosecution against CECB officials under Section 26 of NGT Act
NGT had highlighted the serious functional irregularity in efficiency and competence on the part of CECB officials, holding them guilty of offence under Section 26 of NGT Act for failure to comply with NGT order.
‘Trial Court’s conviction based on sheer morals’; Orissa HC acquits murder convicts in 20 years old case
“The crime committed may be cruel or ruthless but the evidence on record has to be evaluated dispassionately and objectively to see whether the accused is responsible for the said crime or he is innocent”.
Gauhati HC sets aside conviction and sentence of a rape accused due to inconsistencies in the deposition of the prosecution witnesses
The Court was of the view that the depositions did not have the requisite sterling quality and inconsistencies in the same created serious doubt regarding the nature of the alleged sexual offence but also credibility of the deposition.
Inside the Supreme Court Verdict: How Ex-RJD MP Prabhunath Singh was Convicted in 1995 Double Murder Case
With Ex-RJD MP Prabhunath Singh’s highhandedness and the police, the public prosecutor and the Judiciary failing in their duty, the Supreme Court called the case an “exceptionally Painful Episode of Criminal Justice System”.
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.
Delhi Court acquits accused(s) for committing offence similar to the plot of movie ‘Special 26’ giving benefit of doubt
If there is cogent evidence that the accused was shown to prosecution witnesses, refusal to participate in test identification parade by accused is justified and the said test identification parade cannot be used against the accused for any purpose. If identification in Test Identification Parade has taken place after the accused is shown to the witnesses, then not only is the evidence of Test Identification Parade inadmissible, even an identification in a court during trial is meaningless.
‘Prosecution has a duty to explain delay in producing contraband and its condition’: Kerala High Court acquits convict under Abkari Act
Kerala High Court viewed that the conviction and sentence passed by the lower courts suffered from illegality and could not be sustained.
Delhi High Court upholds conviction for murder of a 2-year-old child by hitting her head against stairs of a mandir
Delhi High Court opined that the cause of death was found to be cranio cerebral damage consequent upon blunt force impact to the head which was sufficient to cause death in ordinary course of nature.
Whether employees of a company alone can be prosecuted and held liable without arraignment of the company as an accused? J&K and Ladakh High Court answers
The Jammu and Kashmir and Ladakh High Court held that vicarious liability of a company’s directors can be imputed as per the statutory provisions in cases where a company is an offender.