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Evidence During Trial
13
May

Jai Prakash Tiwari v. State of Madhya Pradesh, (Criminal Appeal No. 704/2018)

May 13, 2025
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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13
May

Gireesan Nair v. State of Kerala Criminal Appeal 1864-1865/2010

May 13, 2025
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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13
May

Makhan Singh v State of Haryana, (Criminal Appeal No. 1290 of 2010)

May 13, 2025
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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13
May

Pappu Tiwary v. State of Jharkhand, Criminal Appeal No.1492 of 2021

May 13, 2025
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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13
May

Raju Vs. State of Rajasthan, Criminal Appeal No. 1559 with 1560 of 2022

May 13, 2025
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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13
May

Anuj Singh alias Ramanuj Singh alias Seth Singh v. State of Bihar, Criminal Appeal No. 150/2020

May 13, 2025
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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13
May

Sabitri Samantaray v. State of Odisha, Criminal Appeal No. 988/2017

May 13, 2025
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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13
May

Rahul v. State of Delhi, Criminal Appeal No. 611/2022

May 13, 2025
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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13
May

State v.. Laly alias Manikandan and Anr, Criminal Appeal No. 1750-1751/2022

May 13, 2025
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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26
Apr

R. Sreenivasa v. State of Karnataka Criminal Appeal No. 859/2011

April 26, 2025
Brief Facts The complainant found a dead body of an unidentified male in his fields. The investigation brought out the identity of the deceased person, to be of Krishnappa. Allegations were brought against the appellant, R. Sreenivasa – (Appellant) and another, Accused No. 2. It was alleged that both the accused persons had concurring intention...
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