restoration of conviction Archives

“Procedure is not supposed to control justice”; SC restores conviction & sentence of men who raped a minor girl in 2016

“It is always a matter of utter failure for the system when a culprit, that too of a heinous sexual offence, manages to walk free by entangling the victim in misapplication of procedural rules, without the knowledge of the victim and without any control of the victim”.

Case Briefs Supreme Court

‘S. 106 exists to resolve situations where prosecution can’t lead direct evidence’; SC elaborates key principles of Section 106 Evidence Act

The Court found that circumstances in the instant case constituted more than a prima facie case to enable the prosecution to invoke Section 106 of the Evidence Act and shift the burden on the accused husband to explain what had happened on the day & date his wife died.

Case Briefs Supreme Court

Dubious conduct & suspicious circumstances of death; SC restores conviction of husband charged with wife’s murder 22 yrs ago

The Court found that circumstances in the case constitute more than a prima facie case to enable the prosecution to invoke Section 106 of the Evidence Act and shift the burden on the accused husband to explain what had happened on the day & date his wife died.