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Can’t Claim Juvenile Benefit Based on Weak Evidence: Supreme Court’s Landmark Ruling

29Aug

By The Legal ChamberNo Comments

Supreme Court

Can’t Claim Juvenile Benefit Based on Weak Evidence: Supreme Court’s Landmark Ruling

The Supreme Court ruled that a school transfer certificate based solely on an oral declaration, without corroborating proof, is unreliable for determining juvenility. When such evidence conflicts with official documents like a family register, voter list, and medical opinion, the latter must be given precedence to prevent the abuse of benevolent legislation. Facts Of The Case: On August 31, 2011, the appellant's brother, Rajesh, was shot and killed. The First Information Report (FIR) was lodged against Liliu Singh and his son, Devi Singh (Respondent No. 2), under Sections 302 (murder) and 452 (house-trespass) of the Indian Penal Code. The incident allegedly occurred after Liliu Singh and Devi Singh forcibly entered the appellant's house and manhandled his wife. When Rajesh went to confro...

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...

Gun, Gold Chain & Lies: Supreme Court Explains Why Conviction in 2006 Murder Stands

The Supreme Court upheld the appellant's conviction for murder (Section 302 IPC) and misappropriation of a gold chain (Section 404 IPC), and under the Arms Act, 1959 (Sections 25 and 27). The conviction relied on circumstantial evidence, including the "last seen" theory and forensic evidence linking the recovered weapon to the deceased's gunshot injury. Facts Of The Case: The case originated from an appeal against a High Court judgment upholding the appellant's conviction for murder and other offenses. The conviction was based on circumstantial evidence, including the "last seen" theory, which placed the appellant with the deceased before the crime. Key evidence included the recovery of articles, such as the weapon used in the crime, and forensic findings that linked the appellant to the...