By

Mohit Khandelwal & Associates
Brief Facts In this case the accused persons were charged for offence under Section 304-B and 498-A of the IPC as the deceased had committed suicide after being harassed for the demand of dowry. The Trial Court convicted the accused persons for offence under Section 304-B and 498-A of IPC. The Appellate Court acquitted the...
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Issues Whether the court can convict a person for murder solely on basis of recovery of stolen article from the accused? What is the test to check the authenticity of the recoveries made from the accused? Held The Apex Court acquitted the accused by reversing the judgment of the High Court. Apex Court referred the...
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Brief Facts In this case the Trial Court and the High Court relied on the voluntary statements of the accused and their videography statements made before the Police for convicting the Accused. Issues Whether video of confession made before police is admissible in evidence? Held The Apex Court acquitted the accused as the offence was...
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Brief Facts In this case, the Trial Court held all the accused guilty for the offences punishable under Section 302 read with Section 34 of the IPC and sentenced all the accused to undergo life imprisonment. Allowing the appeal filed by three accused, the High Court acquitted them observing that there are contradictions in the...
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Issues Purpose of Section 313 Cr.P.C. Whether failure to ask questions from an accused u/s 313 CrPC would vitiate the entire trial? Held Apex Court allowed an appeal and set aside the conviction of accused for offence of attempt to murder. The purpose of Section 313 CrPC is to provide the accused a reasonable opportunity...
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Issues The object of conducting a Test Identification Parade Admissibility of evidence of Test Identification Parade Whether evidence of TIP is admissible if the witness had the opportunity to see accused before conducting TIP? Whether TIP conducted in front of the I.O. is admissible? Held The Apex Court acquitted the accused considering the fact that...
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Issues Whether Dying Declaration can be made the sole basis for conviction? Which type of dying declaration is to be relied upon if a case involves multiple dying declarations which are mutually inconsistent? Held The Court is required to examine as to whether the dying declaration is true and reliable; as to whether it has...
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Issues Whether an inquest report is a substantive piece of evidence? Who has the burden of proof in the case when the plea of alibi is taken by the accused? Whether testimony of informant to be taken into account even if given by close relative? Held An inquest report is not substantive evidence and the...
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Issues Approach of the courts in a case based on circumstantial evidence where there is no direct evidence of guilt of accused. Held The accused were acquitted by the Apex Court from the offence. under section 302/34 IPC as the prosecution failed to prove the guilt and complete the chain of events which may lead...
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Brief Facts Accused persons were convicted for an offence under section 307 IPC and section 27 of the Arms Act. The High Court modified the conviction to an offence under section 324 IPC read with section 27 of the Arms Act. Issues Whether the testimony of the witness be disregarded merely because of minor contradictions...
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