Circumstantial evidence -- When a case rests upon circumstantial evidence, such evidence must satisfy the following tests: (1) the circumstances from which an inference of guilt is sought to be drawn, must be cogently and firmly established; (2) those circumstances should be of a definite tendency unerringly pointing towards guilt of the accused; (3) the circumstances,..........
Indian Penal Code, 1860, Section 302 -- Murder - Accused arrested immediately after the incident with the blood stained 'Balkati' - Admitted to have assaulted the deceased in his statement u/s 313 Cr.P.C. and also admitted his arrest from the spot - FIR promptly lodged - Non mention of name of P.W.2 in FIR not fatal to prosecution case when testimony of witnesses inspires..........
Criminal Procedure Code, 1973, Section 313 -- Statement of accused u/s 313 Cr.P.C. - Accused can be convicted on the basis of confessional statement or admission made in his statement u/s 313 Cr.P.C. - It can even form the sole basis for conviction...........
Criminal Procedure Code, 1973, Section 386, 401 -- Summary dismissal of an appeal or revision and a dismissal of it after a full hearing - Distinction - Held, when accused person in presence of State claims an acquittal or reduction of his sentence State ought then and there to apply for enhancement of sentence and its failure to do so cannot but be regarded as abandonment..........
Indian Penal Code, 1860, Section 364A, 120B -- Kidnapping for ransom - Four persons arrive in a car together at a time when victim was going to school - Victim was kidnapped forcibly and put inside car - Victim clearly identifies each of four persons in the car - Two of the persons in the car were armed with pistols - When victim shouted and called for help, he was..........
Prevention of Corruption Act, 1988, Section 13(1)(d), 20, Prevention of Corruption Act, 1988, Section 13(1)(d) -- Bribe - Presumption as to guilt - Onus to prove innocence - Complainant died before recording of his statement - Demand, acceptance and recovery proved by shadow witness - Complainant handed over currency notes to Inspector Police who recorded statement of..........
Prevention of Corruption Act, 1988, Section 13(1)(d), 20, Prevention of Corruption Act, 1988, Section 13(1)(d) -- Demand of bribe - Proof - Demand, acceptance and recovery proved - One witness not completely supported prosecution case and turned hostile in respect of demand of bribe - Held, same will not belie otherwise convincing and cogent testimony of shadow witness -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compensation - Courts should, unless there are special circumstances, in all cases of conviction, uniformly exercise the power to levy fine upto twice the cheque amount (keeping in view the cheque amount and the simple interest thereon at 9% per annum as the reasonable quantum of loss) and direct..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Dismissal of first complaint for default - Second complaint - Held, filing of second complaint is barred only when first one has resulted in conviction or acquittal or even discharge of accused on merits - Second complaint is not barred if dismissal of earlier one was not on merits but on account of..........
Investigation -- Must be free from all objectionable features or infirmities which may legitimately lead to a grievance to either of the parties that the investigation was unfair or had been carried out with an ulterior motive which had an adverse impact on the case of either of the parties - Ethical conduct is absolutely essential for investigative professionalism - The..........
