Section 106 Evidence Act Archives

Paternal Uncle acquitted in sexual assault

Paternal Uncle set free after 10 years as Bombay HC quashes conviction in 3-year-old niece’s sexual assault case due to non-examination of victim and insufficient evidence

“Unless the Accused is granted a fair opportunity to defend his interest in a fair trial, an order of conviction would stand vitiated merely on such count.”

man who slit girlfriend's throat convicted

Case Briefs High Courts

Bombay HC upholds conviction & life sentence of man who slit his girlfriend’s throat after she withdrew their marriage application

“The specific defence of the accused was not that the victim died because of his assault rather it was that he inflicted injuries on himself and lost consciousness. Firstly, he suggested that the victim had committed suicide by inflicting those injuries on herself and secondly, he feigned ignorance about what happened after he inflicted those injuries on himself.”

Case Briefs High Courts

Mechanical addition of charges u/s 302 IPC in dowry cases dilutes the severity of murder as an offense: Allahabad HC takes note of practice by Trial Courts

“Addition of Section 302 IPC in addition to pre-existing sections about dowry death and dowry related inhuman treatment is being carried out by Trial Judges as a matter of routine and in a most mechanical fashion, making the entire episode more grim and serious, without having any supporting documents or allegations”

Case Briefs High Courts

Section 106 Evidence Act not a substitute for the burden of proof which rests on prosecution; murder accused acquitted holding prosecution case based on presumption: Bombay HC

Bombay High Court: A Division Bench comprising of S.S. Shinde and A.S. Gadkari, JJ., allowed a criminal appeal filed against the judgment