La Juris India

28/02/2024

SUPREME COURT OF INDIA
Previous enmity isa double edged weapon; on the one hand it provides the motive, whereas on the other hand, the possibility of false implication cannot be ruled out.We find that when the Trial Court has disbelieved the testimony of PW.5-Ramkali and PW.6-Mulchand insofar as accused Uma Charan was concerned, it could not have applied a separate standard while considering the case of the present appellant-Balaram and Rameshwar (since deceased). We are of the considered view that the testimony of PW.5-Ramkali and PW.6-Mulchand would come in the category of wholly unreliable witnesses. As such, conviction on the basis of their testimony, in our view, would not be sustainable. IJDJHL ,Volume-23 Issue-11

Previous enmity isa double edged weapon; on the one hand it provides the motive, whereas on the other hand, the possibility of false implication cannot be ruled out.We find that when the Trial Court has disbelieved the testimony of PW.5-Ramkali and PW.6-Mulchand insofar as accused Uma Charan was con...

27/02/2024

SUPREME COURT OF INDIA
Though a statement made by a person who is dying is made exception to the rule of hearsay and has been made admissible in evidence under Section 32 of the Evidence Act, it would not be prudent to base conviction, relying upon such dying declaration alone.The Judgment of Conviction and Order of Sentence passed by the Trial Court, as confirmed by the High Court are set aside. The appellant is acquitted from the charges levelled against him.
IJDJHL , Volume-23 , Issue-10

Though a statement made by a person who is dying is made exception to the rule of hearsay and has been made admissible in evidence under Section 32 of the Evidence Act, it would not be prudent to base conviction, relying upon such dying declaration alone.The Judgment of Conviction and Order of Sente...

26/02/2024

SUPREME COURT OF INDIA
That a Court of Appeal should be circumspect in overturning its judgment of acquittal, is not a principle that requires reiteration. It has been held time and again that an acquittal will only be overturned in the presence of very compelling reasons. Further, right from the Privy Council onwards, it is been held that the presumption of innocence in favour of the accused is bolstered if the trial court hands down an acquittal.As a result, the acquittals handed down by judgment and order dated 25th September 2004 in S.C. No. 162 of 1999, passed by the Additional Sessions Judge- Presiding Officer, Fast Track Court-II, Kolar, are restored. The judgment of conviction and sentence, as awarded by the High Court, stands set aside. IJDJHL ,Volume-23 , Issue-9
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That a Court of Appeal should be circumspect in overturning its judgment of acquittal, is not a principle that requires reiteration. It has been held time and again that an acquittal will only be overturned in the presence of very compelling reasons. Further, right from the Privy Council onwards, it...

25/02/2024

SUPREME COURT OF INDIA
The fact that the deceased was living as a `ghar javai’ with the appellant, sufficiently indicates that the appellant did not have any pre-meditated intention to commit the murder of his son-in-law. But for the continuous harassment of the appellant’s daughter by the deceased who was a habitual drunkard, the appellant would not have lost his senses suddenly.In our considered opinion, the ends of justice would be adequately met by converting the sentence of life imprisonment awarded to the appellant to rigorous imprisonment of ten years. The sentence as awarded by the courts below stands modified accordingly. The appeal is allowed in part. The appellant shall be released on completion of the requisite and reduced period of sentence, if he is not required in any other case. IJDJHL ,Volume-23 , Issue-8

The fact that the deceased was living as a `ghar javai’ with the appellant, sufficiently indicates that the appellant did not have any pre-meditated intention to commit the murder of his son-in-law. But for the continuous harassment of the appellant’s daughter by the deceased who was a habitual ...

23/02/2024

SUPREME COURT OF PHILIPPINES
Items confiscated from an invalid stop and frisk search is inadmissible in evidence and it cannot be cured by arguing that it was due to a search incidental to a lawful arrest. ACCORDINGLY, the Petition is GRANTED. The October 23, 2018 Decision and March 6, 2019 Resolution of the Court of Appeals in CA-G.R. CR No. 40681 are REVERSED and SET ASIDE. Petitioner Ignacio Balicanta III y Cua1to is ACQUITTED of unlawful possession of fi****ms and ammunitions. IJDJHL ,Volume-23 , Issue-6
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17/02/2024

SUPREME COURT OF INDIA
It becomes very doubtful as the accused was shown to the witness in the office of the Superintendent of Police, only with a view to see that he identifies the accused in the court. This procedure is not known to law. Moreover, the evidence of another eyewitness to the theory of last seen together has been withheld from the court. Therefore, the testimony of PW-6 cannot be believed. Thus, the important circumstance of the last seen together has not been established. Hence, the first circumstance in the chain of circumstances has not been established. IJDJHL ,Volume-22 , Issue-25

It becomes very doubtful as the accused was shown to the witness in the office of the Superintendent of Police, only with a view to see that he identifies the accused in the court. This procedure is not known to law. Moreover, the evidence of another eyewitness to the theory of last seen together ha...

16/02/2024

SUPREME COURT OF INDIA
We are of the opinion that the failure of the concerned authorities to lead primary evidence vitiates the conviction and as such in our opinion, the conviction of the appellant deserves to be set aside. The impugned judgment and order of the High Court as well as the trial court convicting the appellant and sentencing him to rigorous imprisonment of 10 years with fine of Rs.1 lakh and in default of payment of fine to undergo further imprisonment of one year is hereby set aside. IJDJHL , Volume-22 , Issue-24

We are of the opinion that the failure of the concerned authorities to lead primary evidence vitiates the conviction and as such in our opinion, the conviction of the appellant deserves to be set aside. The impugned judgment and order of the High Court as well as the trial court convicting the appel...

14/02/2024

SUPREME COURT OF INDIA
Undisputedly, no overt act has been attributed to the appellants, and in unequivocal terms PW-9 admits in his crossexamination that none of the accused except Pawan had caused injury to the deceased and there was only a single shot fired from the pistol. Hence, we are of the considered view that the prosecution had failed to prove the guilt of the appellants herein beyond reasonable doubt, and non-consideration of the lacuna in the prosecution case in proper perspective by the Trial Court and the High Court as analysed hereinabove has resulted in miscarriage in the administration of justice namely conviction of the appellants which cannot be sustained. IJDJHL , Volume-22 ,Issue-22

Undisputedly, no overt act has been attributed to the appellants, and in unequivocal terms PW-9 admits in his crossexamination that none of the accused except Pawan had caused injury to the deceased and there was only a single shot fired from the pistol. Hence, we are of the considered view that the...

13/02/2024

SUPREME COURT OF INDIA
This is a case where the eye witness has not identified both the accused in the Court. In the circumstances, the appellants could not have been convicted in the absence of their identification by the eye witness before the Court. IJDJHL , Volume-22 , Issue-21
International Journal of Divine Justice & Humanitarian Law
IJDJHL.COM
International Journal of Divine Justice & Humanitarian Law

08/02/2024

SUPREME COURT OFINDIA
Regardless of the morality of continued punishment, one may question its rationality. The question is, what is achieved by continuing to punish a person who recognises the wrongness of what they have done, who no longer identifies with it, and who bears little resemblance to the person they were years earlier? It is tempting to say that they are no longer the same person. Yet, the insistence of guidelines, obdurately, to not look beyond the red lines drawn by it and continue in denial to consider the real impact of prison good behavior, and other relevant factors (to ensure that such individual has been rid of the likelihood of causing harm to society) results in violation of Article 14 of the Constitution. Excluding the relief of premature release to prisoners who have served extremely long periods of incarceration, not only crushes their spirit, and instils despair, but signifies society’s resolve to be harsh and unforgiving. The idea of rewarding, a prisoner for good conduct is entirely negated.The grand vision of the rule of law and the idea of fairness is then swept away, at the altar of procedure - which this court has repeatedly held to be a “handmaiden of justice”. IJDJHL , Volume-22 , Issue-16

Regardless of the morality of continued punishment, one may question its rationality. The question is, what is achieved by continuing to punish a person who recognises the wrongness of what they have done, who no longer identifies with it, and who bears little resemblance to the person they were yea...

06/02/2024

SUPREME COURT OF INDIA
No valid and acceptable reasons were put forth as to why this case qualified as the ‘rarest of rare cases’, warranting such drastic punishment. Per contra, we find that the yawning infirmities and gaps in the chain of circumstantial evidence in this case warrant acquittal of the appellants by giving them the benefit of doubt. The degree of proof required to hold them guilty beyond reasonable doubt, on the strength of circumstantial evidence, is clearly not established. On the above analysis, we allow the appeals and set aside the conviction and sentences of all the three appellants on all counts. They shall be set at liberty forthwith, if their continued incarceration is not validly required in connection with any other case. Fine amounts paid by them, if any, shall be refunded within eight weeks from today. IJDJHL ,Volume-22 , Issue-14

IJDJHL is an international journal specifically reporting the judgements having divine & humanitarian touch passed by the apex courts of different countries.

04/02/2024

SUPREME COURT OF INDIA
In the present case, given that there is no definitive evidence of last seen as also the fact that there is a long time-gap between the alleged last seen and the recovery of the body, and in the absence of other corroborative pieces of evidence, it cannot be said that the chain of circumstances is so complete that the only inference that could be drawn is the guilt of the appellant. IJDJHL, Volume-22,Issue-13,

In the present case, given that there is no definitive evidence of last seen as also the fact that there is a long time-gap between the alleged last seen and the recovery of the body, and in the absence of other corroborative pieces of evidence, it cannot be said that the chain of circumstances is s...