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Showing posts with label appreciation of evidence. Show all posts
Showing posts with label appreciation of evidence. Show all posts
Wednesday, 5 August 2026

Bombay HC guidelines for investigation and appreciation of evidence for the offence under S 498A of IPC

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 The informant is contending that after three months of marriage all the accused persons started taunting her on the ground that she is from...
Friday, 29 May 2026

Supreme Court: Credibility of injured witness becomes doubtful if injury caused to them is not proved

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  The credibility of an injured eyewitness, as has been held by this Court is a tad higher than an eyewitness who has just seen the incident...
Wednesday, 27 May 2026

Supreme Court: Under which circumstances, evidence of hostile witness can be used to acquit accused?

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8.4.2. Thus, the evidence of the hostile witness is admissible, once it gets strengthened with the help of other evidence. In Khujji (supra)...
Tuesday, 26 May 2026

Admissible Yet Unsafe: CCTV, Gait Analysis, and the Judicial Craft of Electronic Evidence

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  In State of Tamil Nadu v. Ponnusamy & Ors . , the Supreme Court’s discussion of CCTV footage and gait analysis offers a practical less...

Supreme Court: Whether a Shadow witness can be treated as interested witness if he is acquainted with complainant?

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Prevention of Corruption Act, 1988 – Sections 7 and 13(2) – Illegal Gratification – Trap Proceedings – Evidentiary Value of Shadow Witness –...
Sunday, 24 May 2026

From Accused to Approver: How to Weigh Turncoat Testimony after State of Tamil Nadu v. Ponnusamy & Ors.

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The Supreme Court’s treatment of PW12 (the approver) in State of Tamil Nadu v. Ponnusamy & Ors .  dated    May 19, 2026, citation:  2026...
Wednesday, 6 May 2026

From Barrel to Bench: How a Sessions Court Should Deal With Ballistic Reports in Firearm Trials?

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1. Statutory backdrop: expert opinion and ballistics In cases involving firearms, the court has to form an opinion on scientific matters suc...
Tuesday, 5 May 2026

Supreme Court : Under which circumstances the omission to seek ballistic opinion and examination of the ballistic expert may be fatal to the prosecution case?

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Ratio Decidendi: When there is direct eye witness account which is found to be credible, omission to obtain ballistic report and non-examina...
Monday, 4 May 2026

Supreme Court: Under which circumstances, the court should not convict accused if prosecution fails to adduce evidence of Ballistic Expert In Cases Of Murder Caused By Firearms?

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We find that the conviction on the basis of such evidence cannot be sustained. Apart from that, it is to be noted that even according to PW-...
Saturday, 25 April 2026

How session judge should appreciate multiple dying declaration?

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 You can explain it in interview as a simple filtering process : first see whether each dying declaration is trustworthy by itself, then com...
Saturday, 18 April 2026

Supreme Court: Whether the court can rely on recovery of articles of Victim as per statement of accused U/S 27 of Evidence Act if relatives of victim have not testified that those articles were belonging to Victim?

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  In the preceding paragraph, we have considered the law laid down by this Court on that issue. Let us now consider the circumstances in whi...

Supreme Court explains the law relating to last seen theory

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  Circumstance Two: Last Seen Theory 15. The next circumstance that is to consider is the last seen theory. It is well established that this...

Supreme Court Guidelines Regarding procedure to be followed regarding DNA evidence from the point of collection to the logical end, i.e., conviction or acquittal of the Accused,

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 This lack of a common procedure to be followed, is concerning. As such, we issue the following directions which shall be followed hencefort...

When Eyes Speak and Science Checks: Ocular vs Medical Evidence in Criminal Trials

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 In criminal trials, courts often face a recurring question: what should prevail when eyewitness testimony conflicts with medical evidence? ...
Saturday, 11 April 2026

SC Acquits Woman Accused Of Killing New Born Baby Girl

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 By considering the oral evidence on record and taking into consideration the post-mortem report, the Appellant was convicted for the offenc...
Thursday, 26 March 2026

Bombay HC: How to appreciate prosecution evidence if there is contradiction in evidence of Victim and medical opinion?

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The Complainant was specific in the FIR (Exhibit 15) that the respondents No. 1 and 2 assaulted with the axe on his head but used the revers...

Bombay HC: How to appreciate prosecution evidence if evidence of complainant is contrary to evidence to injured witness?

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 Evidence of Shivdas, the injured witness, when perused, reveals that at the time of incident, he was present with the Complainant and they ...

Bombay HC: Under which circumstances, prosecution must examine independent witnesses?

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  Learned counsel on behalf of the accused has also submitted that this a fit case to draw adverse inference against dropping of Rajesh PW6 ...

Bombay HC: Statement recorded U/S 164 of CRPC is not a substantive evidence and it can be used only to corroborate or to contradict the witness

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The learned trial Court accepted the statement made by Prashant PW12 under Section 164 of the Code to the effect that the accused had come o...

Supreme court: What will be impact of Material vs. Normal Discrepancies on credibility of prosecution witnesses?

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 In State of Rajasthan v. Smt. Kalki and Anr.   MANU/SC/0254/1981 : AIR 1981 SC 1390, while dealing with this issue, this Court observed as ...