Sessions Court Cannot Direct Life Imprisonment Till End of Natural Life or Deny Set-off Under S. 428 Cr.P.C.
Court held that the Sessions Court is not competent to direct that life imprisonment shall be till the end of ...
Tag: Dying Declaration
Criminal Appeal – Court of Appeal should be circumspect in overturning its judgment of acquittal – Dying declaration – Examination of the person who reduced into writing, the dying declaration, is essential – Presence of a Magistrate in recording of a dying declaration, is not a necessity but only a rule of Prudence [2023 SCeJ 451 , SupremeCourtOnline 462604 ]
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Evidence Act S. 32 – IPC S. 302 – Dying Declaration – Of the victim, who had 100% burn injuries, held valid and reliable – A dying declaration is admissible in evidence on the principle of necessity and can form the basis of conviction if it is found to be reliable – CrpC S. 378 – Appeal against order of acquittal – High Court, as an appellate court, can reevaluate evidence independently. [PLRonline # 310901]
2016 SupremeCourtOnline 0109 . . SUPREME COURT OF INDIA Before:- Justice A.K. Sikri and Justice Amitava Roy. ...
Criminal Trial – Parameters, in which interference can be made in a judgment of acquittal – Testimony of an Approver – Corroboration – Burden of proof – Delay in reporting to police – Murder case – Common intention and Common object explained – Hostile witness . [2011 PLRonline 0204 SC]
[SC} important judgment on approver, corroboration,
Criminal trial – Dying declaration – Fail to understand as to how the same dying declaration could have been made basis for conviction of the appellant when the same was disbelieved insofar as another accused is concerned. [2023 SCeJ 387 = 2023 PLRonline 498603]
Criminal trial - Dying declaration - The case relies primarily on the dying declaration of the deceased - Conviction can ...
Criminal Trial – Conviction – Circumstantial evidence – Circumstances from which the conclusion of guilt is to be drawn should be fully established – 1984 PLRonline 0002
1984 PLRonline 0002 SUPREME COURT OF INDIA BENCH: FAZALALI, SYED MURTAZA VARADARAJAN, A. (J) MUKHARJI, SABYASACHI (J) Sharad Birdhichand Sarda ...
Evidence Act, S. 65B – Prosecution wants to rely on the contents of the CD or any other electronic document – If a certificate as required under S. 65B is not accompanying the electronic document/electronic record, then such electronic record is not admissible in evidence
2023 PLRonline 0001 = 2023 PLRonline 412600 2023 PLRonline 0001 = 2023 PLRonline 412600 HIGH COURT OF KARNATAKA (DHARWAD BENCH) ...
Rajaram v. State Of Madhya Pradesh, 2022 SCeJ 1352
2022 SCeJ 1352 Supreme Court of India Present: Justice Ravindra Bhat, Justice Sudhanshu Dhulia RAJARAM – Appellant, Versus STATE OF ...
Multiple dying declarations that may contain inconsistent facts
Court considered and indicated the approach which may be adopted, where the evidence includes multiple dying declarations, that may contain ...
Multiple dying declarations
“30. A survey of the decisions would show that the principles can be culled out as follows:a. Conviction of a ...
Dying declaration – Magistrate – Credibility of a dying declaration recorded by the Magistrate
Dying declaration - Magistrate - The credibility of a dying declaration recorded by the Magistrate - It has been held ...
Dying declaration – The principles governing the circumstances where the courts can accept a dying declaration without corroboration
“16. On a review of the relevant provisions of the Evidence Act and of the decided cases in the different ...
Dying declaration – If a dying declaration suffers from some infirmity, it cannot be the sole basis for convicting the accused
Dying declaration - If a dying declaration suffers from some infirmity, it cannot be the sole basis for convicting the ...
Dying declaration – Court has clarified that a dying declaration can be acted upon without any other corroboration
Court has clarified that a dying declaration can be acted upon without any other corroboration and observed as below : ...