Category: Judgment Updates Series

In the FIR, the identity of the persons was not recorded nor was of any distinctive feature of the accused mentioned by the complainant while lodging his complaint. There was no corroborative evidence that testified that the identified accused in the identification parade were the ones who committed the offence against the complainant

...Power of High Court under Section 482 Cr.PC is not inhibited by the provisions of Section 320 Cr.P.C. and FIR as well as criminal proceedings can be quashed by exercising inherent powers under Section 482 Cr.PC

The doctrine of “intimate and closest concern” are of persuasive relevance, only when the child is uprooted from its native country and taken to a place to encounter alien environment, language, custom etc. with the bearing hindrance on the process of its overall growth and grooming.

Extra-judicial confession is a very weak type of an evidence. No accused can be convicted only on the basis of an extra-judicial confession. To convict an accused, an extra-judicial confession must be supported by some other evidence that proves the offence against the accused beyond reasonable doubt.

In the case of a life imprisonment,meaning thereby the entirety of one's life, unless there is acommutation of such sentence for any specific period,there would be no scope to count the earned remission.

The duty of the Investigating Officer to subject the appellant to medical examination immediately – place that evidence before the Court and if that is not done, it creates serious doubt and therefore the benefit of Section 84 of the Indian Penal Code may be given.

"the victim of an offence is entitled to a variety of rights. Access to mechanisms of justice and redress through formal procedures as provided for in national legislation, must include the right to file an appeal against an order of acquittal.."

In cases where a person claims to be the owner of any article kept in the custody of the police, the person should sufficiently be able to prove that he is the real owner with necessary evidence for the same. No court can rely on evidences that do not form a conclusive proof of the ownership of the said article by the claimant.

It is necessary for a court to record the statements of all those witnesses whose statements are vital to the decision of the case. In case, the statement of such vital witnesses are not recorded by a lower court, then such a judgment may be set aside by a higher court.