LawMirror.com

Results of benefit of doubt

Andriod Application iphone Application

Showing : 1-10 of 277 Results

SUPREME COURT OF INDIA

Year of decision: 2024
Details

Indian Penal Code, 1860, Section 302, 34 -- Murder - Incident was witnessed by friends of deceased as per FIR - However, said witnesses not supported prosecution case and were declared hostile - PW13, who was also alleged to be eye witness to the incident not found at the place of occurrence by brother and mother of deceased when they reached place of occurrence..........

SUPREME COURT OF INDIA

Year of decision: 2023
Details

Will -- Proof - Principles required for proving validity and execution of Will - (i) Court has to consider two aspects: firstly, that the Will is executed by the testator, and secondly, that it was the last Will executed by him; (ii) It is not required to be proved with mathematical accuracy, but the test of satisfaction of the prudent mind has to be applied; (iii) A Will..........

SUPREME COURT OF INDIA

Year of decision: 2023
Details

Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Circumstantial evidence - Extra judicial confession - If extra judicial confession of accused is accepted, statement of last seen theory given by PW25 becomes difficult to be given credibility and if extra judicial confession is ignored, statement of PW25 appears to be an improvement only to develop last seen theory..........

SUPREME COURT OF INDIA

Year of decision: 2023
Details

Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Allegation that deceased had committed suicide by jumping into open well because of mental and physical harassment of accused - Cause of death was asphyxia due to drowning - However, none of PWs had any knowledge as to whether deceased had jumped into well or she had accidentally slipped into well - Prosecution..........

SUPREME COURT OF INDIA

Year of decision: 2023
Details

Indian Penal Code, 1860, Section 302, 34 -- Murder - Sole testimony of PW3 - Inordinate delay in recording of evidence of witnesses not explained by I.O - PW1 and PW5 have not supported prosecution case - PW3 is not wholly reliable - Conviction on sole testimony of PW3, without there being any corroboration to his evidence not justified - Benefit of doubt thus, given to..........

SUPREME COURT OF INDIA

Year of decision: 2022
Details

Indian Penal Code, 1860, Section 302 -- Murder - Conviction solely on the basis of recovery of tangi - However, there was no forensic matching of blood stains found on tangi with blood of deceased - No witness pre or post occurrence indicating presence of accused at the place of occurrence at the time of incident - There are no other incriminating circumstances beyond..........

SUPREME COURT OF INDIA

Year of decision: 2022
Details

Service -- Re-instatement - Merely because of acquittal in a criminal case on benefit of doubt an employee cannot be ipso facto reinstated in service...........

SUPREME COURT OF INDIA

Year of decision: 2022
Details

Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Contraband - Search and seizure - The moment a doubt is cast upon most fundamental aspect, namely the search and seizure, appellant is entitled to the same benefit as given to co-accused - Conviction of appellant set aside...........

SUPREME COURT OF INDIA

Year of decision: 2022
Details

Indian Penal Code, 1860, Section 302, 34 -- Murder - Dying declaration - Allegation against sister-in-law of deceased and husband of sister-in-law - Dying declaration of deceased does not state that dowry was cause of death - Husband of deceased was completely exonerated in dying declaration and he was not charge sheeted and prosecuted - It was the husband who had taken..........

SUPREME COURT OF INDIA

Year of decision: 2022
Details

Indian Penal Code, 1860, Section 302, 307, 328, 120B -- Double murder - Attempt to murder PW66 - Statement of sole child eye witness/PW66 - Name of accused was not disclosed in the statements of PW66 - PW66 was attempted to be killed and may have been threatened - Moreover, looking to tender age and fact that he suffered injuries on the neck which has been established and..........

Showing : 1-10 of 277 Results