Posts tagged with "Criminal trial"

Circumstantial Evidence
CIRCUMSTANTIAL EVIDENCE Circumstantial evidence, the settled principles of law are that the circumstances from which the conclusion of guilt is to be drawn should be fully proved and such circumstances should be conclusive in nature and moreover the circumstances should be complete and there should be no gap left in the chain of events. However, the circumstances must be consistent only with the hypothesis of the guilt of the accused and inconsistent with the innocence.
ACQUITTAL "Possible view" CrPC Section 378

Evidentiary value of a related witness
IPC, Section 375 - Criminal trial - Age – Benefit of doubt - Prosecutrix in her deposition dithered with regard to her age by first stating she was sixteen years on the date of occurrence and then corrected herself to state she was thirteen - Though she alleged that the appellant outraged her modesty at the point of a knife while she was on way to school, no name of the school has been disclosed either by the prosecutrix or her parents - If the prosecutrix was studying in a school there is no...

Cr.P.C., Section 313 - Circumstances not put to an accused under Section 313 Cr.P.C. , cannot be used against him, and must be excluded from consideration
In case of exoneration in Department proceedings, criminal prosecution on the same set of facts and circumstances cannot be allowed to continue

There is no provision for appeal by the victim for questioning the order of sentence as inadequate
(Bom.) Whether for suspension of sentence, in revision, the accused needs to surrender

(Bom) Appeal against acquittal by victim - No period of limitation has been prescribed
(Supreme Court) Charge of Criminal Intimidation - Proving the intention of the appellant to cause alarm or compel doing/abstaining from some act, and not mere utterances of words

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