Supreme Court of India Judgements

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Category: Acquittal

Acquittal

Circumstantial Evidence–Last Seen Together–There can be no fixed or straight jacket formula for the duration of time gap in this regard and it would depend upon the evidence led by the prosecution to remove the possibility of any other person meeting the deceased in the intervening period. Murder—Acquittal—Circumstantial Evidence—There was gap of 8½ hours when deceased was seen alive with accused—It is considerable gap between the time of crime

Apr 10, 2017 sclaw

  2007(2) LAW HERALD (SC) 1409 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice B.N. Agrawal The Hon’ble Mr. Justice P.P. Naolekar Criminal Appeal No. 873 of…

Acquittal

Having regard to the peculiar facts and circumstances of the case, we are of the view that the sentence imposed by the Sessions Court and as affirmed by the High Court under Sections 366 and 376 of the Penal Code is on the high side. In our opinion, ends of justice would be amply met if we reduce the sentence to three years. We do so accordingly.

Apr 9, 2017 sclaw

  (2006) 4 SCC 347 SUPREME COURT OF INDIA RAM KUMAR — Appellant Vs. STATE OF HARYANA — Respondent ( Before : D. K. Jain, J; C. A. Vaidyialingam, J…

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Evidence Act

Evidence Act, 1872 — Section 118 — Competency of child witness — Effect of delay and tutoring — Although a minor child is competent to testify, the reliability and evidentiary value of testimony given many years after the event, especially when the child has been residing with the complainant’s family (maternal grandparents), is significantly affected by the high possibility of memory distortion and tutoring. (Paras 5, 7, 10.2)

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