This content is restricted to site members. If you are an existing user, please log in. New users may register below.
By sclaw
Related Post
The Supreme Court found the prosecution failed to prove guilt beyond a reasonable doubt, citing inconsistencies in recovery witness testimonies, discrepancies in the recovery process, and lack of corroboration for the “last seen” testimony — The Court emphasized that recovery memos prepared at the police station lacked sanctity — Granting the benefit of the doubt, the Court acquitted the Appellant, set aside the convictions, and ordered his release.
Feb 9, 2025
sclaw
Evidence Act, 1872 — Section 27 — Penal Code, 1860 (IPC) — Sections 384, 364, 302 and 201 — Murder — Circumstantial Evidence — The Supreme Court acquitted the appellant of murder charges as the prosecution failed to prove the crucial link of the accused’s disclosure leading to the discovery of skeletal remains under Section 27 and the DNA evidence was also found to be inconclusive due to lack of proper collection of samples. – Proof of Disclosure Statements under Section 27 — Voluntariness and Uninfluenced Nature — The Court reiterates that the information provided by an accused under Section 27 must be voluntary and uninfluenced by threat, duress, or coercion.
Dec 8, 2024
sclaw
Arms Act, 1959 — Sections 25, 54 and 59 — Buttondar knife — Specific Intent Required — The court clarifies that mere possession of a knife covered by a notification like the DAD Notification is not sufficient to constitute an offense under the Arms Act — There must be specific intent to use it for the prohibited purposes such as “manufacture, sale, or possession for sale or test.” – The prosecution must clearly allege and prove the intent of the accused to use the weapon for the specified prohibited purposes — Absence of such allegation in the charge-sheet renders the proceedings defective.
Dec 8, 2024
sclaw