Criminal Trial -- Motive - Significance of - Held, motive has great significance in a case involving circumstantial evidence, but where direct evidence is available, which is worth relying upon, motive loses its significance...........
Indian Penal Code, 1860, Section 376 -- Rape - Victim of offence of rape is not an accomplice after the crime - There is no rule of law that her testimony cannot be acted upon without corroboration in material particulars - She stands at a higher pedestal than an injured witness - If Court of facts finds it difficult to accept the version of the prosecutrix on its face..........
Indian Penal Code, 1860, Section 302, 34, 201 -- Murder of first wife by assaulting her with a knife and for causing disappearance of evidence - Circumstantial evidence - Motive along with chain of circumstances proved - Accused miserably failed to show any missing link in the chain of circumstances - Conviction calls for no interference...........
Circumstantial evidence -- Law as to - Reiterated...........
Evidence Act, 1872, Section 3 -- Circumstantial evidence - Appreciation of evidence - Held, in a case based on circumstantial evidence, settled law is that circumstances from which conclusion of guilt is drawn should be fully proved and such circumstances must be conclusive in nature - Moreover, all circumstances should be complete and there should be no gap left in chain..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - Test to determine - Circumstances from which conclusion of guilt is to be drawn should in first instance be fully established - All facts so established should be consistent only with hypothesis of guilt of accused - Circumstances should be of conclusive nature and..........
Circumstantial evidence -- Prosecution is bound to prove the circumstances and link them in a manner that they form a complete chain linking the accused with the crime - The chain should be complete and should only lead to only one conclusion that it is the accused alone who has committed the crime - The chain should also rule out the possibility of the crime having been..........
Motive -- Circumstantial evidence - Held, motive by itself is not sufficient to convict a person and there must be other circumstances which lead to the resistible conclusion that it is the accused alone and none else, who could have committed the crime...........
Prevention of Corruption Act, 1988, Section 7,20 -- Illegal gratification - Presumption against accused - Rebuttal - Held, statutory presumption u/s 20 of the Act can be dislodged by accused by bringing on record some evidence, either direct or circumstantial, that money was accepted other than motive or reward as stipulated u/s 7 of the Act - It is obligatory on part of..........
Prevention of Corruption Act, 1988, Section 7,13,20 -- Illegal gratification - Presumption - Rebuttal - Burden rests on accused to displace the statutory presumption by direct or circumstantial evidence to establish with reasonable probability, that money was accepted other than as a motive or reward as referred to in S.7 of the Act - Court is required to consider the..........
