The Court reaffirmed that the mere fact that a witness is related to the deceased should not be the sole reason for rejecting their testimony. Instead, the evidence should be assessed for its trustworthiness and credibility. If found… Read more »
Evidence Law - Appreciation of Testimony - Minor contradictions in the testimony, while appreciating the evidence in criminal trial -contradictions in material particulars and not minor contradictions can be a ground to discredit the testimony of the witnesses. Read more »
Section 18A - SC/ST Act, 1989 - Constitutional Validity - The Apex Court, observed that provisions of Section 438 Cr.PC shall not apply to the cases under Act. However, if the complaint does not make out a prima… Read more »
The court discusses the distinction between section 34 and 149 of IPC. Common object does not necessarily require proof of a prior meeting of minds or pre-consort, whereas common intention suggests activity in concert and presupposes the existence… Read more »
The court observed that, by submitting an application under section 9 of the Hindu Marriage Act for the restoration of conjugal rights within the same roof, a spouse cannot claim that they would force another person to cohabit… Read more »
The court observed that, it is a common misperception that a person facing a life sentence has an unassailable right to be released after serving 14 or 20 years in jail. No such right exists for the prisoner.… Read more »
The Court held in the Instant case that the following, among other circumstances, can generally be used to determine if someone had the intent to cause death: The type of weapon used, whether the accused carried the weapon… Read more »
The Court observed that, even though the circumstances may suggest that the theft and the murder may have been committed simultaneously, it is risky to assume that the person in possession of the stolen item was also responsible… Read more »
The court observed that, during the process of performing dacoity, if a dacoit murders a person, all the co-dacoits will also be held liable under section 396 IPC, even if they did not participate in the killing, and… Read more »
The court observed that, section 366 of the CrPC casts a duty upon the High Court to, (a) “examine the nature and manner in which the offence was committed, mens reas, if any of the culprit, the plight… Read more »
