RAJVEER
RAJVEER SINGH 13 Aug 2024 6:55pm
Allegation Of Sexual Harassment Committed Within Closed Confines Requires Closer Scrutiny If Victim's Statement Is Doubtful
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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 6:54pm
Income Tax Orders Not Conclusive Proof For Discharge In Case Under Prevention Of Corruption Act
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The Supreme Court on March 19, in a recent judgment held that exoneration in Income Tax proceedings by itself would not become a valid ground for the discharge of an accused under the provisions of The Prevention Of Corruption Act, 1988 (PCA).The bench comprising Justice Vikram Nath and Justice KV Viswanathan was sitting in appeal against…
RAJVEER
RAJVEER SINGH 13 Aug 2024 6:52pm
To Use Statement Of Accused On Fact Discovery, Prosecution Must Establish No One Else Had Information About It
74 0 0
To convict an accused based on the statements made under Section 27 of the Evidence Act, the Supreme Court observed that the prosecution must establish the fact that the discovery of the evidence based on the statement made by the accused under Section 27 of the Evidence Act must not be known to anyone before the information was given by the accused.“The…
RAJVEER
RAJVEER SINGH 13 Aug 2024 6:42pm
Supreme Court Summarises Factors To Decide Term Of Sentence Convicts Must Undergo Before Remission In Murder Cases
69 0 0
The Supreme Court, in its verdict, recapitulated certain factors that the courts considered while deciding convicts' period of sentence before remission could be sought. The Judgment was handed down by a three-judge Bench of Justices B.R Gavai, K.V Vishwanathan and Sandeep Mehta. These factors included the nature of injuries, the number of deceased…
RAJVEER
RAJVEER SINGH 13 Aug 2024 6:38pm
If Trial Court's Acquittal Is A Plausible View, Then High Court Shouldn't Convict Accused By Reappreciating Evidence
77 0 0
The Supreme Court observed that if the appellate court, while appreciating the evidence in an appeal against acquittal, finds that two views are plausible, then the view favoring the innocence of an accused must be takenSetting aside the impugned findings of the High Court which had convicted the accused while reversing the trial court's order of acquittal,…
RAJVEER
RAJVEER SINGH 13 Aug 2024 6:36pm
Principles To Be Followed By Appellate Courts In Deciding Appeals From Acquittal
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Recently, the Supreme Court observed that if the appreciation of evidence leads to two possible views, then the decision of the Trial Court acquitting the accused could not be reversed by the Appellate Court merely because there exists another view that led to the conviction of the accused.According to the court, if the appreciation of evidence leads…
RAJVEER
RAJVEER SINGH 13 Aug 2024 6:34pm
Witness Statement Recorded In Absence Of Accused Can Be Used As Evidence If Conditions In S.299 CrPC Are Fulfilled
103 0 0
In a recent judgment, the Supreme Court held that the statements of the prosecution witness recorded in the absence of the accused can be read as a substantive piece of evidence when the prosecution witness could not be traced out and produced in the witness box for deposition during trial after the accused had been arrested.Affirming the decision…
RAJVEER
RAJVEER SINGH 13 Aug 2024 6:31pm
Extra-Judicial Confession Can't Be Strong Evidence If Not Supported by Other Evidence On Record
73 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 6:27pm
Legal Opinion on Defending Against Claims Based on Release Deeds in Ancestral Property
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Background:Ancestral Property and Koorchit of 1973: The ancestral property was divided between two branches of a family by way of a Koorchit (family partition deed) in 1973.Sale of Share by One Branch: One branch of the family had sold their share of the property through registered sale deeds to third parties before 1960. Subsequently, they declared…
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