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SUPREME COURT OF INDIA

Year of decision: 2023
Details

Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 24 -- Murder - Circumstantial evidence - Extra judicial confession - No evidence to demonstrate that accused had any prior relations with PW3 and therefore made confession to him - Accused denied making any such confession - Conviction cannot be made on such weak type of evidence - Accused rightly acquitted...........

SUPREME COURT OF INDIA

Year of decision: 2023
Details

Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder - Circumstantial evidence - Incriminating circumstances were not proved beyond reasonable doubt - They do not form a chain so complete from which it could be inferred with a degree of certainty that it is accused and no one else who within all human probability committed the crime - In such..........

MADRAS HIGH COURT

Year of decision: 2023
Details

Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d) -- Illegal gratification - Complainant turned hostile - However, shadow witness, trap laying officer and colleagues of accused who were present at the trap, recovery of tainted money and scientific experts, are sufficient to hold that accused had obtained illegal gratification of Rs.300 from complainant - Plea..........

SUPREME COURT OF INDIA

Year of decision: 2023
Details

Criminal trial -- Circumstantial evidence - Chain has to be complete in all respects so as to indicate guilt of accused and also exclude any other theory of crime - One of the links not proved - Conviction and sentence set aside...........

GUJARAT HIGH COURT

Year of decision: 2023
Details

Indian Penal Code, 1860, Section 302, 498A, 201, 34 -- Murder - Circumstantial evidence - Motive of crime not proved - Prosecution has heavily relied upon the deposition of witness who was under the influence of first informant - Merely because certain witnesses have stated in their deposition that they had seen some persons loitering around the place where dead body of..........

ALLAHABAD HIGH COURT

Year of decision: 2023
Details

Indian Penal Code, 1860, Section 302, 201, Dowry Prohibition Act, 1961, Section 3, 4 -- Murder - Demand of dowry - Circumstantial evidence - Version of FIR is different version which was taken by informant and his son - PWs gave contradictory statements - Recovery of articles was a sham recovery - Motive of crime not established - Prosecution failed to prove its case..........

SUPREME COURT OF INDIA

Year of decision: 2023
Details

Prevention of Corruption Act, 1988, Section 7, 13(1)(d) -- Illegal gratification - Recovery of money - Conviction on the assumption that money has been recovered as such there was demand of illegal gratification - This is not a case where there was circumstantial evidence to prove the demand - Accused acquitted...........

SUPREME COURT OF INDIA

Year of decision: 2023
Details

Indian Penal Code, 1860, Section 302, 34 -- Murder - Conviction - Correctness of last seen version emanating from PW8 becomes doubtful and prosecution has miserably failed to prove the alleged motive - In such circumstance, though the deceased had met with a homicidal death it cannot be said that the rest of the circumstantial evidence culled out by the courts below..........

SUPREME COURT OF INDIA

Year of decision: 2023
Details

Indian Penal Code, 1860, Section 302, 34 -- Murder - Conviction - Correctness of last seen version emanating from PW8 becomes doubtful and prosecution has miserably failed to prove the alleged motive - In such circumstance, though the deceased had met with a homicidal death it cannot be said that the rest of the circumstantial evidence culled out by the courts below..........

SUPREME COURT OF INDIA

Year of decision: 2023
Details

Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 24 -- Murder - Circumstantial evidence - Extra judicial confession - Evidence of witnesses of extra judicial confession were contradictory to each other - Testimonies of such witnesses not reliable so as to base conviction solely on basis of such testimonies...........

Showing : 81-90 of 1564 Results