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Results of circumstantial evidence and last seen theory

Showing : 1-10 of 88 Results

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Indian Penal Code, 1860, Section 363, 364, 364A, 365, 302, 120B, Arms Act, 1959, Section 21(1)(a) -- Kidnapping and murder - Circumstantial evidence - Last seen theory - Material contradictions between evidence of last seen witnesses - Last seen witnesses though knew that deceased was missing but did not inform PW1 or police to the presence and conduct of accused, despite..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Evidence Act, 1872, Section 3, 106 -- Circumstantial evidence - Burden of proof - When accused does not throw any light upon facts which are specially within his/her knowledge and which cannot support any theory or hypothesis compatible with his innocence, Court can consider his failure to adduce an explanation as an additional link which completes the chain of..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Indian Penal Code, 1860, Section 363, 366, 376(2)(i), 376(2)(n), 376(2)(j), 376(2)(m), 376A, 302, 201 -- Kidnapping, rape and murder of 13 years old girl - Circumstantial evidence - Death sentence - Case does not fall under rarest of rare case due to residual doubts as follows: (i) Crucial witness of last seen theory is partly inconsistent in cross-examination and quickly..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Indian Penal Code, 1860, Section 302, 201, 452, 506, 34 -- Murder - Circumstantial evidence - Last seen evidence - Conduct of last seen witness PW14 creates dent in prosecution story as he remain silent for a considerable long period i.e nearly one month - PW14 knows the family of deceased and he knows deceased was missing and also knows that family of deceased entertains..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Indian Penal Code, 1860, Section 302, 120B -- Murder of husband by wife - Circumstantial evidence - Accused being wife of deceased and staying under same roof, was last person deceased was seen with - Deceased was regularly on tour for longer durations of about two weeks in connection with his duties - Last seen theory cannot be operated against accused only because she..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Indian Penal Code, 1860, Section 364, 302 -- Abduction and murder - Circumstantial evidence - Last seen theory - Deceased was last seen with A-1 and A-2 in the morning - However, consistent stand of accused that deceased for reasons best known to him disappeared from Railway station, about which accused had informed PW1 on the same day - Neither A-1 nor A-2 absconded after..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Last seen theory - Only evidence against accused is last seen by PW4 at 2 pm and by PW5 at 5 pm and later in night, accused with gunny bag on her scooty - Such evidence does not complete chain of circumstances so as to maintain conviction of accused for an offence u/s 302 IPC...........

JHARKHAND HIGH COURT

Year of decision: 2019
Details

Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Last seen theory - No eye witness to actual occurrence - Evidence of last seen witnesses is contradictory - Though deceased was found in the company of accused on 25.8.98 but as per medical evidence deceased died somewhere between 25.1.98 to 27.1.98 - Time elapsed since death was 24-96 hrs -..........

ALLAHABAD HIGH COURT

Year of decision: 2019
Details

Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Last seen theory - Deceased was last seen by informant in company of accused - On the next day dead body of deceased was found - In the meantime nobody has seen deceased anywhere - There was nothing to show what happened with deceased and who murdered him - It cannot be said that crime could not..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Indian Penal Code, 1860, Section 302, 120B, 201, 297, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - As per prosecution, father of deceased hatched conspiracy alongwith accused to kill her, but no challan was put up against him - Even, theory of conspiracy not proved against accused - There is no corroborative material produced on record by prosecution..........

Showing : 1-10 of 88 Results