Circumstantial evidence -- Principles governing : (1) There must be a chain of evidence so far 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; (2) Circumstantial evidence can be reasonably made the basis..........
Circumstantial evidence -- Conditions to be fulfilled are: (1) the circumstances from which the conclusion of guilt is to be drawn should be fully established; (2) the facts so established should be consistent only with the hypothesis of the guilt of the accused, that is to say, they should not be explainable on any other hypothesis except that the accused is guilty; (3)..........
Circumstantial evidence -- Circumstances from which an inference of guilt is sought to be drawn must be cogently and firmly established - Circumstances should be of a definite tendency unerringly pointing towards the guilt of accused - Circumstances taken cumulatively should form a chain so complete that there is no escape from the conclusion that within all human..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Power of High Court - Not different from its power in an appeal from conviction - High Court can review and consider entire evidence and can come to its own conclusions by either accepting the evidence rejected by trial Court or rejecting the evidence accepted by the trial Court - If High Court..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Appeal against acquittal - Absence of accused - Presumption - Silence of accused alone will not rebut presumption of his innocence in criminal prosecution - Moreover, prosecution has to prove guilt of accused to the hilt - Accused rightly acquitted...........
Indian Penal Code, 1860, Section 306, Evidence Act, 1872, Section 113A -- Abetment of suicide - Deceased committed suicide just within two years of her marriage on account of repeated taunts of in-laws about her inability to bear a child - Deceased was putting up with them on account of her husband being posted at a non-family station and was completely dependent on them -..........
Indian Penal Code, 1860, Section 376 -- Rape and murder - Circumstantial evidence - Last seen together - Proved by witnesses - Medical evidence that victim was raped and injury marks on body of victim suggest that she resisted attempt of rape - Non explanation by accused as to scratch marks on his face - Held, circumstantial evidence establish the guilt of accused and..........
Indian Penal Code, 1860, Section 498A, 304B -- Dowry death - Unnatural death due to asphyxia as a result of hanging within seven years of marriage in her Sasural - Demand of Rs.20,000/- after marriage and on non fulfilment cruelty committed - Mother-in-law, brother-in-law and married Nananad of deceased never made any direct demand - Innocence of these three accused could..........
Circumstantial evidence -- Circumstances relied upon by the prosecution in support of the case must not only be fully established, but the chain of evidence furnished by these circumstances must be so complete as not to leave any reasonable ground for a conclusion consistent with the innocence of the accused...........
Indian Penal Code, 1860, Section 302, 376 -- Rape and murder of 8 years child - Circumstantial evidence - Where a case rests squarely on circumstantial evidence, the inference of guilt can be justified only when all the incriminating facts and circumstances are found to be incompatible with the innocence of the accused - The circumstances from which an inference as to the..........
