By

Mohit Khandelwal & Associates
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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Issues Applicability of section 106 of the Evidence Act in the case of circumstantial evidence where the prosecution has successfully discharged its burden of proof. The burden of proof on the accused, in case of applicability of section 106 of the Evidence Act. Held The Apex Court confirmed the conviction of the accused persons as...
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Issues What is the relevancy and reliability of the DNA Evidence in the criminal trial? Whether failure in conducting the Test Identification Parade during the investigation and trial would be fatal to the prosecution case? What is the role of the Judge during a criminal trial and power to put questions to witnesses under section...
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Issues Whether the accused can be convicted on the sole testimony of the eye-witness? Whether non-recovery of the weapon and non-examination of the original complainant would be fatal to prosecution in the direct evidence case (eye-witness case) Held The Apex Court set aside the order of acquittal passed by the High Court and restored the...
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Brief Facts In this case, the Appellant was convicted for the offence under Section 120-B IPC. The two other co-accused persons (A-1 and A-2) were convicted for the offence of theft, house-trespass and destruction of valuable property. The case pertained to theft in the Bank wherein the theft was carried out in locker room without...
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Brief Facts As per the case of the prosecution, a complaint was lodged by PW-1 Ramathilagam, mother of the victim therein alleging that all the accused her son-in-law, his mother, her daughter and father-in-law were harassing the deceased and she was subjected to torture/cruelty for want of jewels. It was alleged that due to which...
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Brief Facts The Appellants were the husband and mother-in-law of the deceased who was found dead in her bathroom on 05.11.2014 i.e. after 9 years of her marriage. Both the deceased and her husband were doctors by profession and there was no complaint of harassment during this period. After 21 days of her death, the...
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Brief Facts In the present case the Investigation Officer had filed the charge sheet against the accused persons for commission of offence under section 302 IPC. However, at the time of framing of charge, the Trial Court framed the charges under section 304 IPC after considering that as per post mortem report, the cause of...
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Brief Facts In this case, the deceased persons were in a love affair that was not approved by the father of the deceased girl and her uncle. On 02.12.1994 both the deceased went missing and on 11.12.1994 their bodies were found hanging on a cashew tree. Their bodies were in a decomposed state and as...
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