Showing : 31-40 of 162 Results

SUPREME COURT OF INDIA
Year of decision: 2018
Details
Evidence Act, 1872, Section 3, 106-- Circumstantial evidence - Last seen theory - Onus to prove - Mere invocation of last seen theory sans facts and evidence in case will not suffice to shift onus upon accused u/s 106 of the Act, unless prosecution first establishes a prima facie case...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 302-- Murder - Circumstantial evidence - Last seen theory - Accused and deceased left cinema hall together - PW2, gate keeper of Cinema knew both of them - Evidence of PW2 corroborates evidence of father and wife of deceased to the effect that deceased had gone to see a movie before occurrence of..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106-- Murder - Circumstantial evidence - Last seen together - Time lag between the occurrence of death and when accused was last seen in company of deceased, is considerably large - When time-lag is considerably large, it would be safe for Court to look for corroboration - No corroboration forthcoming -..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Evidence Act, 1872, Section 3, 106-- Last seen theory - It is a weak kind of evidence by itself to found conviction upon the same singularly - However, when it is coupled with other circumstances such as time when deceased was last seen with accused, and recovery of corpse being in very close proximity of time, accused owes an..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Evidence Act, 1872, Section 3-- Last seen evidence - It is an important event in chain of circumstances that would completely establish and/or could point to guilt of accused with some certainty - However, this evidence alone cannot discharge burden of establishing guilt of accused beyond reasonable doubt and requires..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 302, 364, 379, 34, Evidence Act, 1872, Section 3-- Murder - Circumstantial evidence - Last seen theory - PW11 identified all three accused in Court, who came at the time when he was washing his car along with deceased and he had last seen all of them sitting in Van on that day - Testimony of PW11 remains intact even during cross-examination, as he..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 302, 201-- Murder - Circumstantial evidence - Deceased was last seen in company of accused - Accused and deceased both went together to a liquor shop to purchase bottle of whisky - Finger prints of accused on whisky bottle and glass and other seized articles at the scene of occurrence were found by Expert -..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 302-- Murder - Circumstantial evidence - Last seen evidence - Deceased was last seen alive in company of accused and accused did not satisfactorily explain missing of deceased - Same is a strong mitigating circumstance against accused - Last seen evidence proved...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 302-- Murder - Circumstantial evidence - Last seen together - Dead body of deceased recovered several months before the arrest of accused - Lapse of time between point when accused was last seen with deceased and time of death is not minimal - Mere circumstance that accused was last seen with deceased..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 302-- Murder - Circumstantial evidence - Factum of information given by accused that deceased stayed back at the house of her sister after accused and deceased last seen together coupled with the fact that accused absconded after date of incident is a pointer to a strong suspicion that accused was..........

Showing : 31-40 of 162 Results