Tag: forensic evidence

Supreme Court Sets Guidelines: What Constitutes an “Accidental Fire” for Insurance?
16Jan By The Legal ChamberNo Comments
Supreme Court

Supreme Court Sets Guidelines: What Constitutes an “Accidental Fire” for Insurance?

The Supreme Court held that in fire insurance claims, the precise cause of fire is immaterial unless fraud or instigation by the insured is proven. The insured is not required to prove the exact origin if the loss is due to fire. Exclusion clauses must be interpreted narrowly, and coverage provisions broadly, with ambiguities resolved in favor of the insured. Facts Of The Case: The case involves cross-appeals arising from a fire insurance claim dispute. Orion Commerx Pvt. Ltd. (the Insured) suffered a fire at its premises on September 25, 2010. The National Insurance Co. Ltd. repudiated the claim, primarily relying on the report of its final Surveyor, which concluded the fire was not accidental and originated from multiple sources, thus excluding it from policy coverage...
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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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“Mere Suspicion Not Proof”:Supreme Court Landmark Ruling on Circumstantial Evidence
13Jan By The Legal ChamberNo Comments
Supreme Court

“Mere Suspicion Not Proof”:Supreme Court Landmark Ruling on Circumstantial Evidence

This Supreme Court judgment underscores the stringent standards for conviction based on circumstantial evidence. It holds that the prosecution must establish a complete and unbroken chain of circumstances, excluding every hypothesis of innocence. Where gaps exist or alternative possibilities emerge, the benefit of doubt must be accorded to the accused, leading to acquittal if guilt is not proven beyond reasonable doubt. Facts Of The Case: An 85-year-old woman, living alone in Coimbatore, was found murdered in her home on the morning of December 19, 2016. She had been strangled with a towel, sexually assaulted, and her two gold bangles were missing. The prosecution's case relied on circumstantial evidence against the appellant, Mohamed Sameer Khan. Key points included that the appellant w...
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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 :Why Consent Doesn’t Matter If Victim Is Under 16
28Dec By The Legal ChamberNo Comments
Supreme Court

Supreme Court :Why Consent Doesn’t Matter If Victim Is Under 16

The Supreme Court upheld the conviction under Sections 363, 366, 376, and 377 IPC, emphasizing that the testimony of a minor victim can be relied upon as a "sterling witness." It held that even if medical evidence is not conclusive, it does not rule out the offence, and consent is immaterial when the victim is below 16 years of age. Facts Of The Case: The case originated from an FIR registered in February 2007 against the appellant, Varun Kumar, for offences including kidnapping and rape under the IPC. The prosecution alleged that the appellant, along with a co-accused, abducted a minor girl aged about 15 years. The victim's testimony detailed that she was taken to Una and subsequently to a relative's house, where the appellant subjected her to forcible sexual and unnatural intercourse o...
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Supreme Court Overturns Conviction, Stresses Need for Concrete Proof of Identity
29Nov By The Legal ChamberNo Comments
Supreme Court

Supreme Court Overturns Conviction, Stresses Need for Concrete Proof of Identity

The Supreme Court acquitted the accused, ruling that the prosecution failed to establish their identity as the perpetrators. The sole eyewitness could not identify them, and the testimonies of other witnesses were unreliable. Recovery of weapons was inadmissible as proof of their use in the crime under Sections 25-27 of the Evidence Act. Facts Of The Case: On June 3, 2000, an altercation occurred between appellants Rajendra Singh, his son Bhupender Singh, and Diler Singh after the appellants began digging Diler Singh's field. Later that day, at around 1:30 PM, Diler Singh's son, Pushpendra Singh (the deceased), was sitting at Jogither diversion. The three appellants arrived on a motorcycle, armed with swords and a 'kanta'. Upon seeing them, the deceased fled towards northern fields...
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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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Marksheet Tampering Case: Supreme Court Sets Aside Conviction, Criticizes Lack of Forensic Proof
28Oct By The Legal ChamberNo Comments
Supreme Court

Marksheet Tampering Case: Supreme Court Sets Aside Conviction, Criticizes Lack of Forensic Proof

The Supreme Court overturned the conviction, holding that the prosecution failed to prove the appellant's authorship of the alleged forgery beyond a reasonable doubt. The absence of expert evidence on handwriting, lack of proof of exclusive custody of the documents, and the failure to establish mens rea were fatal to the case. The court also noted prejudicial non-compliance with Section 313 CrPC. Facts Of The Case: The appellant, a student pursuing a Bachelor of Social Work, had failed her compulsory English paper in the 1998 summer session examinations, securing only 10 marks upon revaluation. To gain admission to the third-year course (BSW Part-III), she submitted her original mark-sheet and the revaluation notification to her college. The admission clerk and the principal verified the...
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Supreme Court’s Landmark Ruling: No Special Treatment for Celebrities in Bail Matters
17Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court’s Landmark Ruling: No Special Treatment for Celebrities in Bail Matters

The Supreme Court cancelled the bail granted by the High Court, holding that the order was perverse and suffered from non-application of mind to material facts, including the gravity of the offence and prima facie evidence. The Court reiterated that bail in serious offences like murder requires careful consideration of the allegations, evidence, and risk of witness tampering, and cannot be granted mechanically. Facts Of The Case: The case arose from the brutal murder of Renukaswamy, a resident of Chitradurga, whose body was discovered near an apartment in Bengaluru on June 9, 2024. The prosecution alleged that the murder was a result of a criminal conspiracy orchestrated by actor Darshan (A2) and his partner, Pavithra Gowda (A1), after the deceased had sent obscene messages to A1's Insta...
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Supreme Court’s Big Ruling: Criminal History Matters in Bail for Heinous Crimes
8Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court’s Big Ruling: Criminal History Matters in Bail for Heinous Crimes

The Supreme Court overturned a bail order, ruling that the High Court failed to apply correct legal principles under Section 389 CrPC for suspending a sentence. It emphasized that post-conviction bail in heinous offences requires a palpable prima facie case for acquittal, not a re-appreciation of evidence or conjectural reasoning. Facts Of The Case: In a case originating from Rajasthan, the prosecutrix, a 14-year-old girl, testified that on June 13, 2023, Respondent No. 2 accosted her at gunpoint while she was defecating in a field. He covered her mouth, forcibly took her to a nearby abandoned house, and raped her. She immediately reported the incident to her family, and her father filed an FIR. The Trial Court convicted Respondent No. 2 under the POCSO Act and sentenced him to 20 years ...
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