Criminal trial -- Circumstantial evidence - In a case based on circumstantial evidence, prosecution is obliged to prove each circumstance, taken cumulatively to form a chain so complete that there is no escape from the conclusion that within all human probabilities, crime was committed by accused and none else - Further, facts so proved should unerringly point towards..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 302, 149, 120B -- Bail - Murder - Petitioner is in custody for over 1 year 5 months - Case against him prima facie rests on circumstantial evidence - Petitioner is not clearly visible in CCTV footage and his name does not appear in dying declaration of deceased - No specific overt act..........
Indian Penal Code, 1860, Section 302, 328, 34 -- Murder - Circumstantial evidence - Allegation that accused persons administered poisonous laddus to children - However, no one has seen accused having given poison in their presence or mixing poison with laddus that they have given to children - Alleged eye witness PW7 turned hostile - Chemical examination report indicate..........
Prevention of Corruption Act, 1988, Section 7 -- Illegal gratification - Demand and acceptance - Twin conditions i.e. proof of demand and acceptance of illegal gratification by a public servant as a fact in issue by prosecution is a sine qua non in order to establish guilt of accused public servant u/s 7 of the Act - In order to bring accused to book, prosecution has to..........
Criminal Procedure Code, 1973, Section 227 -- Discharge - Murder - Entire case of prosecution is based on circumstantial evidence mainly on the Call Details Record (CDR) of wife of petitioner - Said Call details indicate that calls were made to the phone number of prime accused before and after the incident alleged in the FIR - Charge-sheet reveals that statement of wife..........
Evidence Act, 1872, Section 106 -- Burden of proof - Last seen theory - Murder - If prosecution proves by leading reliable evidence that accused was last seen with deceased, burden would be shifted on accused to explain said incriminating evidence either in his statement u/s 313 Cr.P.C. or by leading evidence in his defence or even by bringing out facts during course of..........
Indian Penal Code, 1860, Section 364A, 302 -- Kidnapping and murder - Circumstantial evidence - Last seen theory - PW18 had stated that he had seen accused with deceased in the evening on the day of incident - However, said evidence alone would not be sufficient to hold him guilty of alleged offence - Recovery of blade, nails and T-shirt with blood stains after two days of..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Last seen evidence would be highly incriminating and it would be for accused to explain what happened after he was seen last in the company of deceased...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Last seen theory - Last seen witnesses have not fully supported prosecution story and one of them was declared hostile - No person came in Court to inform that he had seen murder of deceased - Evidence of last seen witnesses is not of such quality as to raise adverse inference against accused..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Last seen theory - Evidence of PW1 on the last seen theory cannot be believed as he stated that he was sleeping when allegedly appellant took the deceased with him - Statement of PW1 that PW3 had visited appellant's house at 1 pm is hearsay as he did not accompany his wife/PW3 - Significant..........
