A cryptic order rejecting the prolonged incarceration (22 years) for premature release is quashed [Supreme Court quoted Plato’s advice]
What’s New In April’26
A Study On Secondary Evidence (notes)
Acquittal: POCSO: Not conducting a potency test on the accused along with the negative DNA report and lack of eyewitness to the incident creates suspicion about the prosecution’s case
Section 34 IPC: Evidence on record falls short of establishing either a prior meeting of minds hence mere presence is insufficient to convict the accused with the aid of Section 34 IPC
Death Penalty: Supreme Court direct the High Court and States to render skilled and adequate resourced legal representation
Appellant made total denial in his s.313 Cr.P.C statement which is contrary to he fact that he has been admitted in care hospital and no explanation to this denial lead to possession of poision
No Second Section 156(3) CrPC Petition After Closure of Preliminary Inquiry remedy lies only under section 200 CrPC
Faulty investigation: Though the police officer reached the spot immediately based on the telephone information but did not follow the investigation procedures resulting in prosecution of 16 persons
Though there are variations in the two dying declarations the second dying declaration is found more believable and witnesses did not state many facts in their 161 statements
Court must balance State’s interest and accused’s fundamental right to liberty and should not reject the A.B based on mere A.G or P.P’s statement on offence
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