Tag: Evidence Appreciation

Chain of Circumstances Broken: Supreme Court Frees Accused in Landmark Circumstantial Evidence Ruling
Supreme Court

Chain of Circumstances Broken: Supreme Court Frees Accused in Landmark Circumstantial Evidence Ruling

This Supreme Court judgment acquits the accused based on the prosecution's failure to establish a complete chain of circumstantial evidence as mandated by Sharad Birdhichand Sarda. The court found the evidence regarding motive, last seen, extra-judicial confessions, and recoveries to be unreliable, contradictory, and insufficient to prove guilt beyond reasonable doubt. Facts Of The Case: The case involves the murder of Balwant, whose body was discovered in a waterworks tank in Hisar on December 23, 1997. His father, Har Nath (PW-11), identified the body and filed a complaint, leading to an FIR. The prosecution alleged that the accused—Shanti Devi, her son Rajbir, and Veena—murdered Balwant due to a property dispute, as Shanti Devi was a tenant in his house, and an illicit relatio...
Bank’s Gold Revaluation Under Scrutiny: Supreme Court Allows Trial Against Bank Officials
Supreme Court

Bank’s Gold Revaluation Under Scrutiny: Supreme Court Allows Trial Against Bank Officials

The Supreme Court of India allowed the appeal by Abhishek Singh, holding that the High Court improperly quashed the FIR filed by him. The High Court erred by considering extraneous documents and evaluating the merits of the case at the quashing stage, rather than determining if a prima facie offense was made out. The proceedings from the FIR are revived, and the guilt or innocence of the respondents is to be established at trial. Facts Of The Case: Abhishek Singh, the appellant, a businessman, secured a loan of ₹7,70,000 from the Bank of India on July 22, 2020, by pledging 254 grams of 22-carat gold ornaments. According to Singh, he repaid the loan, including interest, by March 31, 2023, after receiving a notice from the bank on October 7, 2022, to pay ₹8,01,383.59. However, unbeknownst ...