Tag: evidence act

A Landmark Ruling on Fair Trials: Supreme Court Issues New Guidelines for Video Conferencing and Witness Confrontation
4Feb By The Legal ChamberNo Comments
Supreme Court

A Landmark Ruling on Fair Trials: Supreme Court Issues New Guidelines for Video Conferencing and Witness Confrontation

The Supreme Court of India acquitted the appellant, primarily on the ground that the dock identification of the accused by the sole injured eyewitness, recorded via video conferencing after an inordinate delay of over eight years, was deemed unsafe and unreliable. The Court found the testimony suffered from material improvements and inconsistencies, and the recoveries were not conclusively linked to the crime. Consequently, the prosecution failed to prove guilt beyond reasonable doubt. Facts Of The Case: In the intervening night of 2nd/3rd November 2008, five assailants broke into the Delhi residence of Madan Mohan Gulati and his wife, Indra Prabha Gulati (PW-18). The intruders assaulted the elderly couple, resulting in Madan Mohan's death and serious injuries to Indra Prabha. The poli...
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Supreme Court Upholds Life Sentence in Dowry Death Case: The Importance of Dying Declarations
15Jan By The Legal ChamberNo Comments
Supreme Court

Supreme Court Upholds Life Sentence in Dowry Death Case: The Importance of Dying Declarations

This Supreme Court judgment clarifies the legal principle regarding multiple dying declarations. The Supreme Court held that each declaration must be assessed independently for evidentiary value. It ruled that the first, corroborated dying declaration recorded by an independent witness (a doctor) was reliable, and minor discrepancies in subsequent versions did not invalidate it, justifying the High Court's reversal of the acquittal. Facts Of The Case: The prosecution's case was that the appellant, Jemaben, conspired with a co-accused to kill Leelaben and her son, Ganesh. On the intervening night of November 29-30, 2004, while the victims were sleeping in their hut, Jemaben poured kerosene on Leelaben and set her on fire. Leelaben suffered severe burns and succumbed to her injuries on...
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Injured Witness Testimony Crucial: Supreme Court Dismisses Appeals in 1988 Double Murder Case
6Jan By The Legal ChamberNo Comments
Supreme Court

Injured Witness Testimony Crucial: Supreme Court Dismisses Appeals in 1988 Double Murder Case

The Supreme Court upheld the appellants' conviction under Sections 302/149 and 307/149 IPC, affirming the High Court's judgment. It ruled the case did not fall under Exception 4 to Section 300 IPC, as the assault with sharp weapons in furtherance of common intention established murder, not culpable homicide. The ocular and medical evidence was found reliable. Facts Of The Case: On May 19, 1988, an altercation arose between two groups of relatives over a land boundary dispute in a sugarcane field. The appellants, led by Molhar and Dharamvir, allegedly damaged a ridge (mendh) on the complainant's side. When the deceased Dile Ram objected, a fight ensued. The appellants, armed with lathis, spades, and phawadas, assaulted Dile Ram, Braham Singh, and Bangal Singh (PW-2). Both Dile Ram and Bra...
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Supreme Court :Knowledge of Victim’s Caste Enough for SC/ST Act Conviction
29Dec By The Legal ChamberNo Comments
Supreme Court

Supreme Court :Knowledge of Victim’s Caste Enough for SC/ST Act Conviction

The Supreme Court affirmed that school admission registers are admissible evidence under Section 35 of the Evidence Act to prove a victim's minority in POCSO cases. It clarified that a witness cannot be declared hostile for minor inconsistencies, reiterating that such a step is an extraordinary measure requiring clear hostility or resiling from a material statement. The Court also held that under the amended SC/ST Act, mere knowledge of the victim's caste is sufficient to attract Section 3(2)(v), especially when a presumption of such awareness arises under Section 8(c) from prior acquaintance. Facts Of The Case: On the night of May 10, 2018, the minor victim left her home to deliver food to her grandfather. Near a Sendhwar tree, the appellant, Shivkumar, allegedly abducted her by force, ...
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Supreme Court on Oral Gifts: Why Possession is Key in Muslim Law (Hiba)
1Dec By The Legal ChamberNo Comments
Supreme Court

Supreme Court on Oral Gifts: Why Possession is Key in Muslim Law (Hiba)

The Supreme Court clarified that a valid Hiba (gift under Muslim Law) requires conclusive proof of declaration, acceptance, and delivery of possession. Mere oral claims or a memorandum are insufficient without contemporaneous evidence of the donee acting upon the gift. The Court also emphasized that declaratory suits must be filed within three years from when the right to sue first accrues, and long delays can render a suit barred by limitation. Facts Of The Case: Khadijabee was the original owner of an agricultural land. She allegedly made an oral gift (Hiba) of 10 acres to her daughter, Syeda Arifa Parveen (the Plaintiff), in 1988, followed by a memorandum of gift in 1989. After Khadijabee's death in 1990, her husband, Abdul Basit, mutated the entire property in his name. In 1995, ...
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How a Missing TIP and a Delayed FIR Led to Acquittal: Breaking Down a Supreme Court Judgment
27Nov By The Legal ChamberNo Comments
Supreme Court

How a Missing TIP and a Delayed FIR Led to Acquittal: Breaking Down a Supreme Court Judgment

The Supreme Court acquitted the accused, ruling the prosecution failed to establish a complete chain of circumstantial evidence. The Court found the testimonies of key witnesses unreliable, the "last seen" theory inapplicable due to a long time gap, and the absence of a Test Identification Parade for strangers fatal to the case, creating reasonable doubt. Facts Of The Case: The case concerns the tragic death of ten-year-old Muntiyaz Ali, who went missing on the morning of June 5, 2007, after going to his family's mango orchard. His father, Nanhe Khan, discovered the boy's lifeless body the next morning near a pit on their land. The body was found with a rope around its neck, hands tied behind the back, and a blood-stained axe lying nearby. Khan filed a police report suspecting six ...
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Use of Blunt Side of Weapons Key: Supreme Court Converts 302 IPC to 304 in Land Dispute Killing
27Nov By The Legal ChamberNo Comments
Supreme Court

Use of Blunt Side of Weapons Key: Supreme Court Converts 302 IPC to 304 in Land Dispute Killing

The Supreme Court upheld the concurrent findings of the courts below on the appellants' involvement in causing the deaths. However, it altered the conviction from Section 302 IPC to Section 304 Part I IPC, finding that the act was done with the knowledge that it was likely to cause death, but without the intention to kill. The sentence already undergone was deemed sufficient. Facts Of The Case: On the morning of August 6, 1986, complainant Ram Gopal (PW-1) went with his father and two uncles to a river ghat to measure agricultural land for partition. There, they encountered the four accused appellants, including the owner of the adjacent land, Raghav Prashad. The accused, who were hiding, suddenly emerged and a dispute over the measurement ensued. This altercation quickly turned vi...
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Why the Accused Were Freed: Supreme Court Explains Legal Holes in Prosecution’s Murder Conspiracy Case
27Nov By The Legal ChamberNo Comments
Supreme Court

Why the Accused Were Freed: Supreme Court Explains Legal Holes in Prosecution’s Murder Conspiracy Case

The Supreme Court upheld the High Court's acquittal, emphasizing the prosecution's failure to prove guilt beyond reasonable doubt. The evidence presented, including motive, last seen theory, and recoveries, was found unreliable, inconclusive, and legally inadmissible. The Court reiterated that appellate interference in an acquittal is unwarranted unless the judgment is perverse or based on a misreading of evidence. Facts Of The Case: The case originated from the murder of Shri Suresh Sharma, whose body was discovered on January 23, 2006, with his hands tied and visible signs of strangulation. The prosecution's case was that the respondents, Bhanwar Singh, Hemlata, and Narpat Choudhary, conspired to kill the deceased due to various motives. It was alleged that Hemlata and her husband Na...
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Dead Body in House Isn’t Enough: Supreme Court Overturns Murder Conviction in Loan Dispute Case
10Nov By The Legal ChamberNo Comments
Supreme Court

Dead Body in House Isn’t Enough: Supreme Court Overturns Murder Conviction in Loan Dispute Case

In a case based solely on circumstantial evidence, the Supreme Court acquitted the accused, ruling that the prosecution failed to establish an unbroken chain of circumstances pointing exclusively to their guilt. The Court found the evidence—including motive, recovery of weapons, and extra-judicial confessions made in a police station—to be unreliable, insufficient, and lacking credible corroboration to sustain a conviction. Facts Of The Case: The case originated from the brutal murder of a police driver on the night of 10th-11th March 2006. The prosecution alleged that the murder was instigated by a fellow policeman, A1, due to his inability to repay a loan of ₹1 lakh to the deceased. The deceased was lured to the house of A1 and A2 (A1's wife) on the false pretext of repaying the debt. ...
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