Tag: Section 313 CrPC

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 Hostile Witness & Unproven Demand Lead to Acquittal in Landmark Corruption Appeal
17Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Hostile Witness & Unproven Demand Lead to Acquittal in Landmark Corruption Appeal

The Supreme Court acquitted the accused, ruling that the mere recovery of tainted money is not conclusive proof of guilt under the Prevention of Corruption Act. The prosecution failed to prove the crucial element of demand beyond a reasonable doubt. The accused's plausible explanation under Section 313 CrPC was entitled to the benefit of doubt. Facts Of The Case: The case involved an appeal against the conviction of a Lower Division Clerk at the Passport Office, Thiruvananthapuram, under the Prevention of Corruption Act, 1988. The prosecution's case was that the accused demanded an additional ₹500 as a bribe from the complainant to expedite his passport application. After negotiation, an initial gratification of ₹200 was to be paid along with the official ₹1000 fee. The Cen...
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Quality Over Quantity: Supreme Court Reiterates a Single Witness Must Be “Wholly Reliable” to Convict
8Sep By The Legal ChamberNo Comments
Supreme Court

Quality Over Quantity: Supreme Court Reiterates a Single Witness Must Be “Wholly Reliable” to Convict

This Supreme Court judgment reiterates the established legal principle governing convictions based on circumstantial evidence, as outlined in Sharad Birdhichand Sarda. The Supreme Court held that the prosecution must establish a complete and unbroken chain of circumstances that unequivocally points to the guilt of the accused, excluding every other reasonable hypothesis. The conviction was overturned as the sole witness's testimony was found to be unreliable and improved, failing to meet this standard of proof. Facts Of The Case: On October 11, 2003, Santosh Kumar Pandey (PW-2), a shop owner, observed the appellant, Shail Kumari, walking in a disordered condition towards Pujari Talab, a nearby water body, with her two young children. Growing suspicious, he asked a rickshaw puller to foll...
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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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