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Category: 313

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Appreciation of evidence: It is only after the prosecution discharges its initial burden beyond all reasonable doubt the false explanation or non-explanation could be taken into consideration

-January 28, 2024

Challenge - FIR registered against unknown persons - Case of the prosecution and conclusion of trial court and appellate court - Case rests in circumstantial evidence - Guiding principles: ‘Must be proved’ and not ‘May be proved’ - Guiding principles: Suspicion cannot take place of proof - Recovery of articles at the instances of accused and his absence of giving…

Burden of proof (section 106 Evidence Act) and explaining circumstance and (section 313 Cr.P.C)

-October 9, 2023

ANALYSIS Having heard the learned counsel appearing for the parties and having gone through the materials on record, the only question that falls for our consideration is whether the High Court committed any error in passing the impugned judgment and order. APEX COURT RULED OUT SUICIDE We take note of the following circumstances emerging from […]

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