Tag: Forensic Science

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 Allows Voice Sample Collection, Says It’s Similar to Fingerprints or Handwriting
28Dec By The Legal ChamberNo Comments
Supreme Court

Supreme Court Allows Voice Sample Collection, Says It’s Similar to Fingerprints or Handwriting

The Supreme Court held that a Judicial Magistrate is empowered to direct any person, including a witness, to provide a voice sample for investigation. Relying on the principle in Kathi Kalu Oghad and Ritesh Sinha, the Court ruled that such sampling does not constitute testimonial compulsion and does not violate the right against self-incrimination under Article 20(3) of the Constitution. Facts Of The Case: The case arose from the death of a 25-year-old married woman in February 2021, leading to allegations of harassment by her in-laws and counter-allegations of misappropriation of cash and jewellery by her parents. During the investigation, it was alleged that the 2nd respondent acted as an agent for the deceased's father and threatened a witness privy to an extortion demand. The Investi...
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Supreme Court Acquits Man in POCSO Death Penalty Case Citing Procedural Flaws
23Dec By The Legal ChamberNo Comments
Supreme Court

Supreme Court Acquits Man in POCSO Death Penalty Case Citing Procedural Flaws

This Supreme Court judgment sets aside the appellant's conviction and death sentence, holding that the trial was vitiated due to a denial of fair trial rights, including inadequate legal representation and failure to provide documents. The prosecution's circumstantial evidence—last seen, CCTV footage, disclosure statements, and DNA reports—was found unreliable and unproven beyond reasonable doubt. Facts Of The Case: A seven-year-old girl went missing on February 5, 2017, from her residence in Chengalpet, Tamil Nadu, while her parents were out shopping. After an unsuccessful search, a missing persons report was filed. Investigations, including reviewing CCTV footage from a nearby temple, led the police to suspect the appellant, Dashwanth, a neighbour residing in the same building. He was ...
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Property Dispute & Unreliable Witnesses: Why Supreme Court Threw Out a Murder Conviction
1Dec By The Legal ChamberNo Comments
Supreme Court

Property Dispute & Unreliable Witnesses: Why Supreme Court Threw Out a Murder Conviction

This Supreme Court judgment underscores the stringent standards for convicting based on circumstantial evidence, as established in Sharad Birdhichand Sarda. The Supreme Court found the prosecution failed to conclusively prove homicide, motive, or the appellant's exclusive residence with the deceased. The recovery evidence was discredited, and the medical testimony created reasonable doubt, leading to acquittal. Facts Of The Case: The case involves the death of Sunanda (also known as Nanda Gitte) in Talani village. On July 22, 2010, police received information about a doubtful death and found Sunanda's body about to be cremated in an open field. The police intervention halted the rites, and upon inspection, they found a strangulation mark on her neck and an injury on the back of her s...
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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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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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Supreme Court Overturns Death Penalty, Acquits Accused in Child Rape-Murder Case Due to Flawed Evidence
28Oct By The Legal ChamberNo Comments
Supreme Court

Supreme Court Overturns Death Penalty, Acquits Accused in Child Rape-Murder Case Due to Flawed Evidence

This Supreme Court judgment acquits the appellants, holding that in a case based purely on circumstantial evidence, the prosecution must establish a complete and unbroken chain of circumstances conclusively pointing to guilt. The Court found the evidence—including motive, last seen theory, and DNA reports—to be unreliable, incomplete, and failing to meet the standard of proof beyond a reasonable doubt required for a conviction, let alone the death penalty. Facts Of The Case: On November 20, 2014, a minor girl went missing from a wedding function at Sheeshmahal in Ramlila Maidan, Kathgodam, Uttarakhand. Her father lodged a missing report the next day. After an extensive search, her body was discovered on November 25, 2014, in a forest near the Gaula River, close to the venue. The post-mor...
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Beyond Reasonable Doubt: Supreme Court Frees Men, Citing Gaps in Circumstantial Case
30Sep By The Legal ChamberNo Comments
Supreme Court

Beyond Reasonable Doubt: Supreme Court Frees Men, Citing Gaps in Circumstantial Case

The Supreme Court acquitted the accused, ruling the prosecution failed to establish a complete chain of circumstantial evidence. Key scientific evidence, including DNA reports, was deemed inadmissible due to an unproven chain of custody and procedural flaws. The Court emphasized that suspicion, however strong, cannot substitute for proof beyond reasonable doubt. Facts Of The Case: On the evening of September 4, 2012, a 12-year-old girl left her home to answer the call of nature and did not return. Her parents initiated a search throughout the night. The next morning, her denuded body was discovered in a paddy field belonging to Harikrishna Sharma. Her personal belongings, including her slippers, water canister, and underwear, were found scattered in an adjacent field cultivated by the ac...
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Supreme Court’s Landmark Ruling :The Problem with Extra-Judicial Confessions
23Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court’s Landmark Ruling :The Problem with Extra-Judicial Confessions

The Supreme Court acquitted the accused, holding that the prosecution failed to prove guilt beyond reasonable doubt. The conviction, based on extra-judicial confession and circumstantial evidence, was unsustainable as the confessions were unreliable and the circumstantial chain was incomplete, violating the principles established in Sharad Birdhichand Sarda. The benefit of doubt was accorded to the appellant. Facts Of The Case: Neelam Kumari, the appellant, was convicted under Section 302 of the Indian Penal Code for the murder of her infant son. The prosecution's case was that on December 8, 2006, after returning with her husband, Nikku Ram, from his ancestral village, she was left alone with the child at their home in village Nand. When Nikku Ram returned later that evening, both the a...
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Supreme Court Upholds Life Sentence: Daughter’s Testimony Convicts Father in Wife’s Murder
26Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Upholds Life Sentence: Daughter’s Testimony Convicts Father in Wife’s Murder

The Supreme Court upheld the conviction under Section 302 IPC, affirming the reliability of a child witness. It ruled that the accused's mere denial under Section 313 CrPC was insufficient to discharge his burden under Section 106 of the Evidence Act to explain the circumstances of his wife's death within their home. Facts Of The Case: The case involved the murder of Smt. Ranjana by her husband, the accused-appellant Manohar Keshavora Khandate, within their home in Amravati. The prosecution's case rested primarily on the eyewitness account of their nine-year-old daughter (PW-3). She testified that on the night of the incident, she was sleeping beside her mother when she was awakened by a commotion. She found her father sitting nearby her mother, whose body was covered with a chaddar. The...
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