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Showing posts with label S 8 of evidence Act. Show all posts
Showing posts with label S 8 of evidence Act. Show all posts
Thursday, 28 May 2026

SC Clarifies: Failure Of Conspiracy Charge Does Not Erase Individual Guilt In Bribery Traps

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As rightly observed by the High Court, there was neither proof of demand nor acceptance by A1 but for the statement of PW1 that A2 demanded ...
Sunday, 29 December 2024

Supreme Court Commutes Death Penalty Of Man Convicted For Murder & Sexual Assault Of 4 Year Old stating that Possibility Of Reformation Can't Be Ruled Out

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  Sentence : 32.  The Trial Court has imposed the sentence of death and the High Court has confirmed the same. It is time for us to draw up ...

Under which circumstances not conducting DNA test is not fatal to the prosecution case of Rape?

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  The argument of Ms. Uttara Babbar, learned senior counsel is that no DNA test was carried out. No doubt, the DNA test was not carried out ...

Under which circumstances Matching of Blood Group of accused with blood group of victim becomes additional link in the chain of circumstances for convicting him?

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  Circumstance No. 5 : Matching of Blood Group 25.  Blood group on the clothes of the deceased tallied with the blood group of the accused a...

Under which circumstances the conduct of accused becomes additional link in the chain of circumstances for convicting him?

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Circumstance No. 4 : Conduct under Section 8 of the Evidence Act: 24.  Irrespective of the admissibility of the discovery, panchnama (Exh.18...
Saturday, 25 May 2024

Supreme Court: Even if disclosure statement made by Accused is not admissible U/S 27 of Evidence Act but it is relevant U/S 8 of evidence Act as his conduct

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  e) The conduct of the Appellant in leading the Investigating Officer and others to a drain nearby his house and the discovery of the knife...

What are exceptions to the rule that burden of proof is on the prosecution to prove the guilt of the Accused ?

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i. Principles of law governing the applicability of Section 106 of the Evidence Act 35. Section 106 of the Evidence Act reads as follows: 10...
Sunday, 27 August 2023

To what extent conduct of accused in relevant even if prosecution has failed to prove his discovery statement U/S 27 of Evidence Act?

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 Even if we have to discard the evidence of discovery on the ground that no independent witnesses were present at the time of discovery, sti...

Whether accused can refuse to participate in test identification parade on the ground that they were shown to the witnesses in advance?

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  Gyan Sudha Misra, J. while disagreeing with H.S. Bedi, J. took the view that it is not open to accused to refuse to participate in the TIP...
Thursday, 27 December 2018

Whether conduct of accused is admissible in evidence?

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 It is a settled legal position that the facts need not be self-probatory and the word "fact" as contemplated in Section 27 of t...
Sunday, 4 December 2016

Whether joint disclosures by accused is admissible in evidence as per S 27 of evidence Act?

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Learned counsel has tried to assail the prosecution case on one more ground by relying on the case of Abdul Hafeez v. State of A.P. : MANU...
Sunday, 26 June 2016

Whether conduct of accused taking press conference is relevant in his prosecution?

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PW-41, the investigating officer of the case has categorically stated in the trial that: “In course of my investigation I tried my leve...
Thursday, 21 March 2013

Where the accused himself lodges the first information report, the fact of his giving the information to the police is admissible against him as evidence of his conduct under Section 8 of the Evidence Act to the extent it is non-confessional in nature

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The Apex Court in  Bheru Singh v. State of Rajasthan,  (supra) has laid down :-- "17. Where the first information report is given b...