Witness Testimony - The Legal Chamber

Supreme Court Explains When It Can’t Be Trusted :Dying Declaration Sole Basis for Conviction?

7Oct

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Explains When It Can’t Be Trusted :Dying Declaration Sole Basis for Conviction?

This Supreme Court judgment underscores the indispensable procedural safeguards for a fair trial, particularly the right to effective legal representation. It reiterates that a conviction based solely on a dying declaration requires the court to be fully satisfied of its voluntariness, truthfulness, and that the deceased was in a fit state of mind. The ruling emphasizes that such a declaration cannot form the basis for conviction if it suffers from grave infirmities, such as the lack of a fitness certification from an identified doctor and the recording officer's failure to note his own satisfaction regarding the declarant's condition. Facts Of The Case: On March 31, 2012, Munish Kumar and his brother Amit were returning to their village by car when they were intercepted by two other veh...

Supreme Court Says Long-Term Cohabitation Can Prove Valid Marriage for Inheritance Claims: Landmark Ruling

26Sep

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Says Long-Term Cohabitation Can Prove Valid Marriage for Inheritance Claims: Landmark Ruling

This Supreme Court judgment reinforces that under Section 50 of the Indian Evidence Act, the opinion of a person with special means of knowledge is relevant to prove a familial relationship. It upholds the legal presumption of a valid marriage from long-term cohabitation. The Court also affirmed that a party's failure to enter the witness box, when facts are within their exclusive knowledge, warrants an adverse inference under Section 114(g). Revenue records do not confer title but only have fiscal value. Facts Of The Case: The dispute centered on the inheritance rights to the properties of Dasabovi, who had died intestate. The plaintiffs, Venkatappa and Siddamma, claimed to be his legitimate children from his first wife, Bheemakka. They alleged that after their father married a second w...

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...

Supreme Court Rules on Loan Disguised as Property Deal, Protects Homeowner from Forced Sale

6Sep

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Rules on Loan Disguised as Property Deal, Protects Homeowner from Forced Sale

The Supreme Court held that the plaintiff failed to prove the existence of a valid sale agreement, a prerequisite for specific performance under Man Kaur v. Hartar Singh Sangha. The burden of proof was not discharged as the sole evidence was self-serving and key witnesses were not examined. The High Court's reversal of concurrent factual findings was erroneous. Facts Of The Case: The respondents (original plaintiffs) filed a suit for specific performance of an alleged sale agreement dated 12.02.1999, claiming the appellant (defendant) had agreed to sell his house for Rs. 70,000. They asserted having paid Rs. 55,000 as advance and taken possession, subsequently renting the property back to the appellant. The appellant contested the suit, denying any agreement to sell. His defense was that...

Supreme Court Upholds Acquittal: Doubtful Dying Declaration Cannot Secure Murder Conviction

26Aug

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Upholds Acquittal: Doubtful Dying Declaration Cannot Secure Murder Conviction

The Supreme Court upheld the acquittal, emphasizing the well-settled principle that an appellate court should not interfere with an acquittal unless the findings are perverse and the only possible view is of guilt. The Court found the prosecution's evidence, particularly the dying declaration, unreliable due to material contradictions and the victim's precarious medical condition, making the case fit for the application of the benefit of doubt. Facts Of The Case: Based on the accusation of Poona Bai (PW-10), the prosecution's case was that on March 10, 2003, the accused-respondent, Ramveer Singh, forcibly entered their house and set her granddaughter, Badami Bai, on fire by pouring kerosene on her. The alleged motive was retaliation for a rape complaint filed against the accused's son by...

Supreme Court Clarifies When Courts Can Summon New Accused During Trial Section 319 CrPC

13Aug

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Clarifies When Courts Can Summon New Accused During Trial Section 319 CrPC

The Supreme Court clarified the legal principles governing the exercise of power under Section 319 of the CrPC, emphasizing that it can be invoked based on evidence collected during trial, even if the person was not charge-sheeted. The Court held that the standard for summoning an additional accused is stricter than a prima facie case but does not require proof beyond reasonable doubt. The evidence must show strong complicity, and the power should be exercised sparingly to ensure fairness. The Court restored the Trial Court's summoning order, underscoring that the High Court erred in conducting a mini-trial at this stage. The judgment reaffirmed that the provision aims to prevent the guilty from escaping justice. Facts Of The Case: The case arose from an incident on 29th November 2017, w...

Supreme Court Upholds Life Sentence in Acid Attack Case but Reduces Term for Elderly Accused

29May

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Upholds Life Sentence in Acid Attack Case but Reduces Term for Elderly Accused

The Supreme Court upheld the conviction of two appellants under Section 326A IPC for an acid attack, affirming the High Court’s ruling. While maintaining life imprisonment for the advocate (Accused No.2), it reduced the sentence of the elderly co-accused (Accused No.1) to 10 years, considering his age and health. The Court reiterated that concurrent findings of fact require no interference unless perverse or legally flawed, emphasizing strict scrutiny in acid attack cases. Procedural lapses in investigation were deemed non-fatal, and medical evidence conclusively established the victim’s injuries. The judgment underscores parity in sentencing while balancing aggravating and mitigating factors. Facts Of The Case: On June 8, 2014, at approximately 8:00 PM near Govind Nagar railway crossing...