Evidence Act

Certificate under S. 65-B(4), Evidence Act is mandatory for production of electronic evidence, oral evidence in place of such certificate cannot suffice. Evidence supporting conviction of accused in kidnapping and committing murder of deceased children, held, is marred with inconsistencies and contradictions, thereby making it impossible to sustain conviction solely on such circumstantial evidence- conviction reversed. [Ravinder Singh v. State […]

Principles summarised regarding when conviction exclusively based upon disclosure statement of accused and resultant recovery of inculpatory material is permissible. Robbery under sec 392 and 397 of Penal Code, 1860- Conviction of appellant on strength of his purported disclosure statement and recovery memo not permissible in the absence of any corroborative evidence. Evidence on record

The woman burnt by the accused husband by pouring kerosene upon her and thereafter setting her on fire by lighting with a matchstick. She gave two dying declarations and the Trial court only believed her first dying declaration and acquitted all accused without examining the second dying declaration even when the deceased categorically stated that

The testimony of PW 9 Dr Kothari, shows that Ganeshram was alive when the initial examination was undertaken by PW9 Dr kothari. According to the witness, when he examined Ganeshram, the blood pressure could not be detected. However, that by itself does not mean that he was not in a physical condition to make any

The plaintiff received some property under the will. He filed a suit for eviction of an occupant in which he claimed that the property had been bequeathed to him. At the same time, he claimed that the description of properties given in the will being shown as personal properties were HUF property. It is a

The evidence of child witness cannot be rejected per se, but the court, as a rule of prudence, is required to consider such evidence with close scrutiny and only on being convinced about the quality of statements and its reliability, base conviction by accepting the statement of child witness. The evidence of the child witness

There is no direct evidence regarding the involvement of the appellant in the crime. The case of the prosecution is on the basis of circumstantial evidence. Factors to be taken into account as laid down by this court are: (Anjan Kumar Sarma v State of Assam, (2017) 14 SCC 359) para 14: The circumstances concerned

Principle reiterated and cases relied upon S Gopal Reddy v. State of A.P. (1996) 4 SCC 596; Magan Bihari lal v. state of Punjab (1977) 2 SCC 210; Ram Chandra v. Stte of U.P. AIR 1957 SC 381; Iswari Prasad Misra v. Mohd. Isa AIR 1963 SC 1728; Shashi Kumar Banerjee v. Subodh Kumar Banerjee

Suku, the absconding accused had formed an organization at Trichy under the name “Tamilar Pasarai” with the object of achieving separate statehood for Tamil Nadu and to blast Central and State Government buildings with bombs with a view to overawe to Government established by law. The appellant herein and 13 other accused have enrolled themselves

Ss. 35,74 and 76 – proof of age – School leaving certificate / transfer certificate, certified copy required. Self-governing statement is insufficient in the absence of examination of the official incharge of school who recorded the date of birth in school register. Held, the onus was on the plaintiff to prove that he was a