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By sclaw
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Penal Code, 1860 (IPC) – Section 302, read with 34 – Murder – The Supreme Court found that the High Court did not properly address whether the Trial Court’s acquittal was a plausible conclusion from the evidence – The Supreme Court emphasized that the burden of proof lies with the prosecution and that the accused do not have to prove their innocence unless there is a statutory reverse onus – The Supreme Court concluded that the evidence did not warrant overturning the acquittal, as the Trial Court’s view was possible and not perverse.
Apr 14, 2024
sclaw
Penal Code, 1860 (IPC) – Section 302 read with 34 and 120B – Murder – The Court found that the prosecution failed to establish that the discovery of the body was solely based on the appellants’ statements and that the chain of evidence was incomplete – The Court applied the principles for circumstantial evidence, emphasizing that the circumstances must fully establish the guilt and exclude all other hypotheses – The Supreme Court concluded that the prosecution did not prove the case beyond reasonable doubt, leading to the acquittal of the appellants.
Apr 14, 2024
sclaw
Penal Code, 1860 (IPC) – Sections 302 and 201 – Evidence Act, 1872 – Section 27 – Murder – Causing disappearance of evidence of offence, or giving false information to screen offender – How much of information received from accused may be proved – The Court found the circumstances not conclusive and not consistent only with the hypothesis of the appellant’s guilt – The Court applied the principles for circumstantial evidence, emphasizing that the circumstances must fully establish the conclusion of guilt and exclude other hypotheses – The appellant’s conviction was not sustained due to doubts about the prosecution’s story and the failure to prove all circumstances forming the chain of evidence – Acquittal.
Apr 14, 2024
sclaw