The court often assesses witness conduct, consistency, and surrounding circumstances to determine credibility, especially in cases involving victim statements and alleged recoveries (01100033669, 01900011215).
Analysis and Conclusion:
References: - Amar Mondal VS State of West Bengal - Calcutta, Basudeo Mandal VS State of Bihar - Patna, Basudeo Mandal Son of Late Maruyan Mandal VS State of Bihar - Patna, SATENDER @ BALOO VS STATE - Delhi, State of J&K VS Des Raj & ors. - Jammu and Kashmir, C. N. Siva Shankaran VS State, Rep. by DSP, Chennai - Madras, Anbu Selvan VS State represented by the Inspector of Police - Madras, Inderjit alias Inder (now confined in Central Jail Tihar, New Delhi) VS State - Crimes, Praveen Kumar VS State of Karnataka - Crimes, Renuka Prasad VS State Represented by Assistant Superintendent of Police - Supreme Court
The court held that the evidence of the prosecution witnesses and the documentary evidence being the seizure list as to the recovery ... and the statements made in the First Information Report. ... Learned Judge ought to have disbelieved the story of giving loan of Rs. 2,000/- to the appellant No. 1 and that no identification of the victim was properly made. ... He interrogated the accused persons and recorded their statements and in pursuance of their statements being led by them, he recovered weapon o....
of prosecutrix/victim must be reliable one – There appears something missing in entire chain and when prosecution especially prosecutrix ... produce Doctor's report as a piece of evidence by examining doctor – Investigating Officer has been withheld – Appellant is totally blind ... incumbent to establish prosecution version – To hold anyone guilty for commission of such heinous crime it is essential that at least statement ... However, this much is undisputed from the statements of the witnesses examine....
the importance of reliable evidence, the duty of the prosecution to explain delays in lodging FIR, and the need for a reliable statement ... The court also highlighted the need for a reliable statement from the prosecutrix and the duty to explain delays in lodging FIR. ... The court also highlighted the duty of the prosecution to explain delays in lodging FIR and the need for a reliable statement from ... However, this much is undisputed from the statements of the witnesses examined that appellant is to....
and Surrounding Circumstances - Section 302 IPC - The court discussed the testimonies of eyewitnesses, the credibility of their statements ... It applied the test of consistency and scrutinized the conduct of the witnesses to evaluate the prosecution's case. ... It highlighted inconsistencies in the testimonies, unexplained conduct of the witnesses, and lack of evidence regarding the motive ... In the course of the proceedings, the prosecution relied on the testimony of 13 prosecution witnesses. The accused/appellant als....
It also highlighted the importance of independent witnesses and the need for proper scrutiny of evidence. ... court found the testimony of the star witness to be unreliable due to his close relation to the deceased and inconsistencies in his statements ... and the credibility of the disclosure statement and recovery. ... When admittedly, as per the statement of two brother witnesses, School was open, teacher Duni Chand was available, the Investigating Officer was required to explain the position. ... Wh....
Based on complaint lodged by a respective victims, who have alleged that petitioner misbehaved with the one of the victim in year ... 2015 and with the other victim later in point of time - Criminal machinery was set in motion by the registration of case against ... petitioner, which has had a telling effect, both physically and psychologically on the minds of tender kids - Court coupled with the statement ... statements and in such circumstances, this Court may decline bail to the petitioner. ... It is....
girl under Tamil Nadu Victim Compensation Scheme - Appeal dismissed. ... her to transport - Accused made different route and parked in an isolated place - Thereafter, he had gone to the back seat where victim ... go to extent of killing by murder, if she failed to co-operate – Held, Taking into consideration act of accused on body of P.W.2 victim ... Nadu Victim Compensation Scheme." ... As stated supra, the learned counsel for the defence has not chosen to cross-examine the independent witnesses P.Ws.5....
by people who moved through it - Statement of parents and brother of the deceased recorded - Also statements of two eyewitnesses ... - No mention as to who caused injuries - Testimony of all witnesses P.Ws. 6, 7, 12 and 13 so natural and straight forward - No reason ... set of witnesses - Search for another accused continued - Meanwhile police was informed that 'R' died in hospital – Dead body photographed ... He also recorded statements of the two eye witnesses Ram Asre P. W. 6 and Ja....
of recovered jewelleries was established by witnesses—No requirement of law that disclosure statement u/s 27 of Evidence Act should ... always be made in presence of independent witnesses—Recoveries got effected by appellant were in presence of independent witnesses—Recoveries ... effected next day of making of statement would not affect prosecution case—Appellant was seen in the locality where victim were ... Papaiah, Circle Inspector, who during the course of investigation examined ....
during investigation and eye witnesses turn blind. ... of various witnesses who were questioned by police during investigation; which statements are wholly inadmissible under Section ... 162 of Cr.P.C. – Merely because IOs spoke of such statements having been made by witnesses during investigation, does not give them ... Witnesses mount the box to disown prior statements, deny recoveries made, feign ignorance of aggravating circumstances spoken of du....
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