This content is restricted to site members. If you are an existing user, please log in. New users may register below.
(Rape) Conviction Cannot Be Solely Based On Statements Made To Police U/s 154/161 CrPC
Bysclaw
Oct 21, 2019
By sclaw
Related Post
Criminal Procedure Code, 1973 (CrPC) — Section 374(2) — Appeals against conviction — High Court’s power to acquit — High Court, after considering evidence and finding patent infirmities and insufficiency of evidence in the prosecution case, rightly acquitted the accused giving them the benefit of doubt.- Evidence Act, 1872 — Section 65-B — Electronic records — Call detail records — Non-production of certificate under Section 65-B along with call detail records renders them inadmissible — Handwritten notes of call details without examining the scribe are not proved according to law.
Oct 2, 2025
sclaw
Penal Code, 1860 — Sections 302, 364, and 201 — Conviction for murder, kidnapping, and causing disappearance of evidence — Circumstantial evidence — “Last seen” theory — Prosecution failed to prove essential elements of the crime — Witnesses turned hostile and could not identify the accused or prove the alleged kidnapping — Evidence did not establish that the deceased was last seen with the accused
Sep 21, 2025
sclaw
Penal Code, 1860 — Sections 302, 34, 120B — Murder — Appeal against conviction and sentence for murder — Key eyewitness evidence of the deceased’s son and wife — Distance allegedly covered on bicycle within thirty minutes questioned — Improbability of covering 16 kilometers in that timeframe raised substantial doubt about their presence at the crime scene — Absence of corroboration from other witnesses, who turned hostile and suggested multiple assailants, further weakens the prosecution’s case — Post-mortem report indicating numerous injuries, consistent with multiple attackers — Deceased’s history as a habitual drunkard and criminal suggests potential enmity with various individuals — Conviction based solely on questionable eyewitness testimony not sustainable when reasonable doubt exists about accused’s presence and involvement — Appeal allowed, conviction and sentence set aside
Jul 29, 2025
sclaw