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Bombay HC: Prosecution not examining persons residing in vicinity of spot of offence, adverse inference is to be drawn against prosecution

On evaluation of the prosecution evidence, it is clear that except the evidence of injured PW-3 Vivek, there is no other evidence brought on record by the prosecution to corroborate his version. {Para ...
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Bombay HC: Under which circumstances prosecution has failed to give explanation for delay in FIR?

JUDGMENT :- The present Revision is filed against the judgment and order of acquittal, passed by the Additional Sessions Judge, Sangamner, dated 19.12.2001, in Sessions Case No. 21 of 2001, by which ...
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Bombay HC: Whether the court can convict accused based on S 164 CRPC statements of prosecution witnesses?

Section 164 stands on higher pedestal {Para 70} 71. So if we look at the weightage and value of evidence of judicial officer from all the angles, we may find that his evidence cannot be said direct on ...
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Bombay HC: Whether the court should believe prosecution case if it fails to bring on record articles which were obtained by accused by torturing the wife?

The first information report further proceeds that she was given nice treatment by all the accused for 5-6 months. Thereafter, the applicant started demanding Rs. 10,000/-, to be brought from her ...
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Supreme Court: Evidence of witnesses about what deceased had told them against the accused about the torture and harassment is inadmissible U/S 32(1) of the Evidence Act

The moot question is: whether the statements attributed to the deceased could be used as evidence for entering upon a finding that the accused subjected Ranjana Rani @ Raj Kumari to cruelty as ...
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Supreme Court: Whether the court can cast burden U/S 106 of Evidence Act on accused if prosecution has failed to prove his presence on the spot of offence at the time of offence?

The evidence of the eye-witnesses when considered in conjunction with the testimony of the doctor does not link the Appellant directly or indirectly with the actual act leading to the unnatural death ...
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Bombay HC: Conviction of accused for offence under Prevention of Corruption Act is not permissible if voice recording of trap was not played in the court at the time of evidence

Present appeal has been filed by original accused challenging her conviction by learned Special Judge, Osmanabad, Dist. Osmanabad on 27.02.2017 in Special Case (ACB) No. 11 of 2015; thereby convicting ...
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Supreme Court explains how unproven Presence of accused on crime site Snaps the Chain of Circumstantial Evidence into "Slender Titbits" of Mere Suspicion

2. The appellant lives in a locality called Marwadipura in the town of Karanja, District Akola. His house is situated near a temple called Gopal Mandir, and a little beyond the temple is a public well ...
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Bombay HC: Statutory presumption U/S 20 of the Prevention of Corruption Act can arise only after the prosecution proves the foundational fact of 'demand'

15. It is settled law that the statutory presumption under Section 20 of the said Act can arise only after the prosecution proves the foundational fact of 'demand'. Citation: ...
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Bombay HC: Whether Sanction authority must give sanction for prosecution if the work for which bribe was given had already completed?

10. This being an appeal, brief account of the evidence before trial court is required to be thrown light upon. Prosecution has examined in all four witnesses to establish its case. The status and ...
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Bombay HC: Senior citizen can not use senior citizens Act to evict daughter in law from residence granted to her as per domestic violence Act

At clause no.3 of the operative order, learned Magistrate directed that respondent nos.1 to 5 shall not evict the applicants from the home plot no.67-B of Bijali Nagar, Shingave and shall not cause ...
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Supreme Court: Human Rights Courts Can Be Approached Directly Without Prior Recourse To Human rights Commission

We are therefore unable to agree with the reasoning of the High Court. The High Court proceeded on the premise that the Rules is therefore intra vires the 1993 Act and is valid. Petition No. 200873 of ...