Indian Penal Code, 1860, Section 300 -- Murder - Circumstantial evidence - Proof of motive - Not necessary - Held, even in a case based on circumstantial evidence, when facts are clear, it is immaterial that no motive has been proved - Mere failure to discover motive by appropriate clinching evidence may be a weakness in proof of prosecution case, but it is not necessarily..........
Indian Penal Code, 1860, Section 120A -- Criminal conspiracy - Ordinarily it is hatched in secrecy - Court may take into consideration the circumstantial evidence - For criminal conspiracy meeting of mind is essential - Mere knowledge or discussion would not be...........
Prevention of Corruption Act, 1988, Section 7, 13, 11, 20 -- Illegal gratification - Death of complaint - Demand can be proved by way of circumstantial evidence...........
Prevention of Corruption Act, 1988, Section 7, 13 -- Illegal gratification - Legal position in a trap case summarized viz. (i) To succeed in such a case, the prosecution is obliged to prove the previous demand of bribe, its acceptance and the recovery of tainted money; (ii) The demand can be proved by the testimony of the complainant as well from the complaint made by him..........
Sole witness -- Evidence of solitary witness can be accepted if it is wholly reliable, consistent, trustworthy and free from any suspicion - If such evidence is partly reliable then such evidence must be corroborated by other evidence i.e., medical evidence or strong circumstantial evidence or that all probabilities must show that the evidence of such witness is reliable...........
Circumstantial evidence -- In a case of circumstantial evidence it has to be conclusively established that the chain of circumstances lead to the only inference, that of guilt of the accused ruling out the possibility of involvement of any other person to be the author of the crime...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Circumstantial evidence - Murder case - Prosecution witnesses alleged to have last seen the deceased drunk in the company of accused on the day before his dead body was found lying on the embankment of canal - Doctor found no alcohol in the stomach of deceased - Last seen evidence not corroborated by..........
Circumstantial evidence -- Law as to - Enumerated...........
Evidence Act, 1872, Section 3 -- Circumstantial evidence - Murder - After victim was taken away by accused persons and pushed into Pakhidanga Club room only his dead body was found - Held, in those circumstances in absence of any explanation by accused as to what happened of victim so long as he was in their custody - Court can presume, if victim was found dead thereafter..........
Circumstantial evidence -- When 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 or the guilt of any other person - The circumstances from which an inference as to the guilt of the accused is drawn have to be proved..........
