Merely because prosecution case rests on circumstantial evidence, it cannot be a ground to release the accused on Bail: Supreme Court

January 18, 2022January 15, 2023
Supreme Court, Judgment

Two judges Bench of the Supreme Court comprised of Justice M. R. Shah and Sanjiv Khanna while hearing a criminal appeal observed that merely because the prosecution case rests on circumstantial evidence cannot be a ground to release the accused on bail, if during the course of the investigation the evidence/material has been collected and prima facie the complete chain of events is established.

Srinagar Wing with Justice Rajensh Oswal

Trial Court is not expected to merely act as a post office and frame the charge just because challan has been filed against the accused: J&K High Court.

September 15, 2021January 15, 2023
Judgment, JK High Court

The trial court is not expected to merely act as post office and frame the charge just because challan for the commission of a particular offence has been filed against the accused. The trial court can sift the evidence brought on record by the prosecution so as to find out whether the un-rebutted evidence placed on record fulfils the ingredients of offence or not. If the ingredients of any offence are lacking, then the Court has no option but to discharge.

Five Golden principles that governs the case based on Circumstantial Evidence: Supreme Court

September 15, 2021January 15, 2023
Supreme Court, Judgment

The Supreme Court while allowing the criminal appeal observed that the instant case is entirely based on circumstantial evidence and therefore, the facts established by the prosecution do not rule out the existence of any other hypothesis. The facts established cannot be said to be consistent only with one hypotheses of the guilt of the appellant.

Facebook Post | Free speech of the citizens of this country cannot be stifled by implicating them in criminal cases: Supreme Court

March 27, 2021January 15, 2023
Supreme Court, Judgment

The Supreme Court while quashing the FIR, observed that the free speech of the citizens of this country cannot be stifled by implicating them in… Read More »Facebook Post | Free speech of the citizens of this country cannot be stifled by implicating them in criminal cases: Supreme Court

Magistrate has no jurisdiction to extend the period of filing of chargesheet under Section 167 beyond ninety days in scheduled offences.

March 21, 2021January 15, 2023
Supreme Court, Judgment

The right to default bail is not a mere statutory right under the first proviso to Section 167(2) of the Code, but is part of the procedure established by law under Article 21 of the Constitution of India, which is, therefore, a fundamental right granted to an accused.

Issues relating to Electronic Evidence : Certificate 65B, proof of email, sms, facebook, whatsapp, call details, bank statements in Court.

November 27, 2020January 15, 2023
Criminal Law

First, a few words about how the law embraced the IT revolution. The IT Act, 2000 has given sanctity to electronic records and the definition of ‘evidence’ in the Evidence Act, has been expanded to include electronic records.

Application under Section 156(3) Cr.PC: Powers of a Magistrate and its Scope.

November 10, 2020January 15, 2023
Criminal Law

In the instant case in view of the facts and circumstances of the present case and also considering nature of allegations made in the application under Section 156(3) Cr.P.C., rejection of the prayer of investigation by police and instead of it, treating the application as complaint cannot be said against the provisions of law or suffering from any perversity or error of jurisdiction.