Indian Penal Code, 1860, Section 302, 201, 202 -- Murder of 8 years old boy - Dead body found in kitchen occupied by accused - Circumstantial evidence - A1 suspected PW1 having illicit intimacy with her husband A2 and fact stood proved by PW1 and 2 and PW3 the landlady of the house - When dead body with injuries tied with ropes and sarees was found in kitchen occupied by..........
Circumstantial evidence -- In order to base a conviction on circumstantial evidence, each and every piece of incriminating circumstances must be clearly established by reliable and clinching evidence and the circumstances so proved must form such a chain of events as would permit no conclusion other than the one of guilt of the accused and the circumstances cannot be..........
Evidence Act, 1872, Section 45 -- Handwriting expert - Opinion - Can rarely take the place of substantive evidence - Before acting on such evidence it is usual to see, if it is corroborated either by clear direct evidence or by circumstantial evidence...........
Circumstantial evidence -- The circumstances from which the conclusion of guilt is to be drawn should in the first instance be fully established, and all the facts so established should be consistent only with the hypothesis of the guilt of the accused - There must be a chain of evidence so far complete as not to leave any reasonable ground for a conclusion consistent with..........
Criminal trial -- Chance witness - Accused can be convicted on the strength of version of solitary chance witness provided it is corroborated by other circumstantial and/or medical evidence - In the case of a chance witness Court is required to be more cautious, careful and to apply rigid parameters while scanning the statement of such witness...........
Last seen theory -- Chain of circumstantial evidence when the deceased had been stated to be last seen with accused should be such as to lead to the conclusion that it was the accused alone who could have committed the offence and none else...........
Circumstantial evidence -- Recovery of Tabeez - No special characteristic or unique feature of Tabeez so as to identify as the Tabeez born by the deceased - Secondly no perpetrator of a crime will firstly remove a copper Tabeez which is hardly of any value and then to carry the same in his trouser's pocket for three days - Possibility of Tabeez not having been recovered..........
Indian Penal Code, 1860, Section 302 -- Appeal against acquittal - Murder - Circumstantial evidence - High Court found circumstances either not established or insufficient to prove the case - As to the most important circumstance namely the recovery of dead body at the instance of accused - Evidence on record discloses that a part of the dead body was exposed and had come..........
Indian Penal Code, 1860, Section 376, 302, 34 -- Rape - Girl aged 11 raped and throttled to death - Case based on circumstantial evidence - (i) Chance foot prints lifted from the crime scene were similar to the specimen foot print marks of the accused as per the report of the Finger Print Bureau; (ii) Used condom was recovered from the field of informant Sufeda Khan at the..........
Criminal trial -- Circumstantial evidence - In cases where the evidence is of a circumstantial nature, there must be a chain of evidence so complete as not to leave any reasonable ground for a conclusion consistent with the innocence of the accused and it must be such as to show that within all human probability the act must have been done by the accused...........
