1872

Applicability of Doctrine of approbate and reprobate, explained. In the case on hand, the management of FCI filed a writ petition challenging the Award passed by the Tribunal but having secured conditional interim relief therein, the management chose to implement the impugned Award though it was under no compulsion to do so. As pointed out […]

Review petition re death sentence can be reheard even on procedural objections, including the mode and method of evidentiary proof, as the matter pertains to death sentence. “Normally in a criminal proceeding, review applications cannot be entertained except on the ground of error apparent on the face of the record. Further, the power given to

Principles summarised relating to effect of failure of accused to throw any light upon facts proved to be within special knowledge of accused and circumstances when accused does owe explanation under S. 106. It was not disputed that the petitioner had taken the deceased with him on the previous day evening and thereafter he was

Murder of deceased in Hospital using firearms based principally on CCTV footage system. Hard disk of computer system pertaining to the CCTV cameras not played in court, but only certified version contained in pen drive and compact disks copies of such hard disk played in the court and at no stage any objection was raised.

In this case, Executive Magistrate recorded statement of injured prosecution witness assaulted by accused persons, in the form of dying declaration, however, aforesaid witness surviving such assault. In view of S. 157, so-called dying declaration can be treated as a former statement made by such witness and, therefore, same can be used for contradicting witness.

Deceased wife allegedly burnt by her in laws on 20-12-2011, because of non fulfilment of their dowry demand Two dying declarations recorded, first by IO and second by magistrate. Magistrate had no animus against the accused. In this declaration, deceased clearly implicated both accused. Statement of the deceased in first dying declaration that she locked

Principles summarised regarding scope of admissibility of facts disclosed by accused in police custody. “it may be noted that the trial court had allowed the entire disclosure statements of the three accused to be admitted in evidence by exhibiting the same as Ex. PW-39/B, PW-41/B and PW-41/C. The said statements were recorded by the PW-48,

Validity of test identification parade (TIP), determined. If identification in the TIP has taken place after the accused is shown to the witnesses, then not only is the evidence of TIP inadmissible, even an identification in a court during trial is meaningless (Shaikh Umar Ahmed Shaikh and Anr.  v.  State of Maharashtra 29). Even a

Plea of “legal privilege” under S. 129, for non-disclosure of documents/opinions to the accused is untenable, where such documents/opinions form basis for initiating criminal prosecution. Held, SEBI could not have claimed privilege over certain parts of the documents and at the same time, agreeing to disclose some part and such selective disclosure cannot be countenanced

Admissibility under S 27, held, is relatable to information pertaining to a fact discovered in consequence of information received from a person in custody, accused of an offence- thus, it incorporates the theory of “confirmation by subsequent facts” facilitating a link to the chain of events. It is therefore for the prosecution to prove that