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Showing posts with label Supreme Court of India. Show all posts
Showing posts with label Supreme Court of India. Show all posts
Sunday, 20 September 2026

Supreme Court: Amendment in S 163-A of the Motor Vehicles Act, which came into effect on 22nd May, 2018, would relate to an accident which had occurred prior to the said date

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The short point for consideration before this Court is whether the amendment in Section 163-A of the Motor Vehicles Act, 1988, which came in...
Monday, 14 September 2026

Supreme Court: Ordinarily an investigation cannot be started without recording the FIR

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The police must have received some information. Why the other information was suppressed by the prosecution has not been explained. In a sit...

Supreme Court: How to ascertain time of death by passing of rigor mortis?

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Moreover, the doctor who conducted autopsy on the dead body on 06.10.1979 at 4.30 p.m., in the report has mentioned that rigor mortis had pa...
Saturday, 12 September 2026

Supreme Court: How to appreciate evidence if there is motive for committing murder of deceased?

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 There is also enough evidence adduced by the Prosecution to hold that the Appellants had the clear motive to eliminate the Deceased. An ill...
Friday, 11 September 2026

Supreme Court: How much weightage is to be given to evidence of doctor conducting post-mortem than to statements made in the textbooks?

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 We are disposed to think so when we weigh the medical testimony vis-a-vis the ocular testimony. There is no dispute that the value of medic...

Supreme Court: How to appreciate evidence of prosecution if weapon of offence is not shown to doctor to obtain his opinion?

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A very relevant piece of evidence which has been noticed by the High Court, but not given due consideration, is that apart from the blood-st...

Supreme Court: Weapon of offence must be shown to medical witness and his opinion must be obtained whether injuries were caused to the victim by that weapon

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  The same has been again asserted by this Court in Ishwar Singh v. State of U.P.   MANU/SC/0120/1976 : (1976) 4 SCC 355 by observing as und...

Supreme Court: Prosecution has duty to explain whether a sharp-edged weapon is used as blunt weapon if lacerated wounds are caused to victim

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The postmortem report prepared by Dr. N.L. Jain shows that on the body of Jagdeo were found three bruises and a hematoma. On the body of Pa...

Supreme Court: Lacerated wounds and Contusion are possible only by hard and blunt object and not by sharp-edged weapon

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The injuries suffered by the complainant which have been reproduced in the judgment of the High Court show that there were three lacerated w...

Supreme Court: How to appreciate prosecution evidence if there is discrepancy in oral evidence and medical evidence?

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In order to test the veracity of the prosecution witnesses we find that one of the eye witnesses, namely, Waryam Singh has deposed that Gurm...

Supreme Court: When a First Information Report is delayed and is ante-timed and ante-dated, it loses its value

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 Investigation of the case was conducted by PW-4 in a slip-shod manner. PW-4 did not explain as to why the original general diary was not pr...

Supreme Court: Prosecution witnesses having mobile phones not intimating incident to police casts a serious doubt with regard to the genuineness of the prosecution case

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Learned Senior Counsel further submits that both P.W. 1-Ali Sher Khan and P.W. 2-Jaan Mohammad have admitted in their evidence that they wer...

Supreme Court: Non-examination of independent witnesses, though available, would make the prosecution version doubtful.

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According to P.W. 1-Ali Sher Khan and P.W. 2-Jaan Mohammad, a large number of villagers had gathered at the spot after the incident. However...
Thursday, 10 September 2026

Supreme Court explains when death by asphyxia is not made

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However, she in her cross examination admitted that if death was caused by asphyxia the eyes would be open and tongue would get protruded an...

Supreme court: How to appreciate evidence of doctor who has conducted post mortem if his evidence is self contradictory?

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During further cross-examination, PW-8 recognised Keith Simpson as a world authority on medical jurisprudence. But she did not agree with th...

Supreme Court: The fresh injuries could be termed injuries within 4 to 8 hours & not more than 8 hours

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The High Court noticed the evidence given by Dr. Ram Babu (P.W.6) who had examined the injuries of Nathu Singh (P.W.2) on 21.7.1997 in S.N. ...

Supreme Court explains how to appreciate evidence of doctor in criminal trial

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We think that this is not a case which should have been summarily rejected by the learned Single Judge and moreover we do not think that the...

Supreme Court: What would be the effect if nail clippings of deceased is not having any blood which could be tallied with blood group of accused?

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33. Though with the ruling out of the circumstances relating to the recovery of the ornaments as (sic) been established conclusively, the ch...

Supreme Court: Evidence of witnesses about what deceased had told them against the accused about the torture and harassment is inadmissible U/S 32(1) of the Evidence Act

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The moot question is: whether the statements attributed to the deceased could be used as evidence for entering upon a finding that the accus...

Supreme Court: Public prosecutor putting leading questions to its own witnesses will offend right to fair trial of accused

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Leading question to be one which indicates to the witnesses the real or supposed fact which the prosecutor (plaintiff) expects and desires t...