RAJVEER
RAJVEER SINGH 13 Aug 2024 7:51pm
Prosecution Can't Seek To Prove In Trial A Fact Which Witness Hasn't Told Police During Investigation
496 0 0
The Supreme Court, while allowing the criminal appeal of the accused-appellant, observed that during a trial, the prosecution could not seek to prove a fact that the witness has not stated in his/her statement under Section 161 (Examination of witnesses by police) of the Code Of Criminal Procedure, 1973."Prosecution cannot seek to prove a fact during…
RAJVEER
RAJVEER SINGH 13 Aug 2024 7:50pm
Accused Doesn't Lose A Defence Merely Because That Plea Wasn't Taken In S.313 CrPC Statment
680 0 0
The Supreme Court, in its recent judgment (on January 04), reiterated the well-established law that the statement recorded under Section 313 (Power to examine the accused) of the Code Of Criminal Procedure, 1973, cannot form the sole basis of conviction.The Court underscored that such a statement of an accused is not evidence. The reasons are twofold.…
RAJVEER
RAJVEER SINGH 13 Aug 2024 7:48pm
Extra-Judicial Confession Can't Be Strong Evidence If Not Supported by Other Evidence On Record
466 0 0
The Supreme Court on Tuesday (February 20) observed that when the case of the prosecution is entirely based on the extra-judicial confession being circumstantial in nature then the accused cannot be convicted for the offence unless the chain of circumstances is completed by the prosecution.Reversing the findings of the High Court, the Bench Comprising Justices…
RAJVEER
RAJVEER SINGH 13 Aug 2024 7:46pm
Conviction Can't Be Set Aside Merely Because Prosecution Witness Turned Hostile
147 0 0
The Supreme Court on Wednesday (May 08) held that the evidence of a prosecution witness cannot be rejected in toto merely because the prosecution chose to treat him as hostile and cross-examined him.Affirming the decision of the High Court and Trial Court, the bench comprising Justices BR Gavai and Sandeep Mehta declined to aside the conviction…
RAJVEER
RAJVEER SINGH 13 Aug 2024 7:40pm
If There Are Lapses By Prosecutors, Trial Judges Should Play Active Role In Evidence Process
130 0 0
The Supreme Court said that trial judges should take a proactive role instead of acting as "mere tape recorders" recording witness statements. If there is any lapse by the prosecutor, then the judge should intervene and ask necessary questions to the witness to elicit relevant information."It is the duty of the court to arrive at the truth and subserve…
RAJVEER
RAJVEER SINGH 13 Aug 2024 7:31pm
Easement By Necessity Not Available When There Is Alternative Way To Access Property
194 0 0
Supreme Court observed that the claimant of an easementary right wouldn't be entitled to claim the 'easementary right by necessity' for enjoying the 'Dominant Heritage' (the property owned by the claimant) when there exists an alternative way to access the 'Dominant Heritage' apart from the way over which the easementary rights were claimed to access…
RAJVEER
RAJVEER SINGH 13 Aug 2024 7:27pm
Allegation Of Sexual Harassment Committed Within Closed Confines Requires Closer Scrutiny If Victim's Statement Is Doubtful
133 0 0
The Supreme Court on Monday (March 11) observed that the offence of sexual harassment committed within the confines of a room or a house (under the POCSO Act) requires closer scrutiny by the courts while deciding the conviction of the accused solely based on the victim's statements.Reversing the concurrent findings of the trial court and the Madras…
RAJVEER
RAJVEER SINGH 13 Aug 2024 7:24pm
Exclusion Clauses In Insurance Contracts To Be Construed Strictly & Against Insurer
109 0 0
In a recent ruling, the Supreme Court reiterated that the burden of proving applicability of exclusionary clauses in insurance contracts is on the insurer and such clauses must be interpreted strictly against the insurer, as they may completely exempt the insurer of its liability.The bench of Justices PS Narasimha and Aravind Kumar was dealing…
RAJVEER
RAJVEER SINGH 13 Aug 2024 7:18pm
Court Has To Strike Balance Between Testimony Of Injured Witness & Interested Witness
84 0 0
The Supreme Court on Monday (March 18) overturned the conviction of the accused while observing that conviction cannot be sustained based on the testimony of the 'injured witness' who happens to be an 'interested witness' in the outcome of the case.Reversing the findings of the High Court and Trial Court which has convicted the accused, the Bench Comprising Justices…
RAJVEER
RAJVEER SINGH 13 Aug 2024 7:17pm
Impermissible For High Court To Interfere With Acquittal Unless Trial Court's View Is Perverse Or Impossible
90 0 0
The Supreme Court on Tuesday (April 2) reiterated that in the event of the possibility of two views, if the trial court acquits the accused, then it would not be permissible for the High Court to interfere with the trial court's order of acquittal unless the view taken by the trial court was perverse.“In any case, even if two views are possible and…
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