Under which circumstances the court can rely on the identification of accused before the court in absence his test identification parade?

Law web/ Oktober 2, 2020/ Indian Law

Learned counsel for the appellant has argued at length to contend that the appellant was falsely implicated on the basis of wrong identification of the child victims and that dock identification for the first time in Court, in absence of any TIP, has n…

Whether court can permit accused to return to his country even though there is no extradition treaty between India and that country?

Law web/ Oktober 2, 2020/ Indian Law

 Undoubtedly, as observed by the learned Revisional Court vide the impugned order dated 30.5.2020 in CR No. 881/2019 there is no extradition treaty between India and the Republic of Kyrgyzstan. However, placed on record is the Treaty between the Republ…

Whether the court can acquit accused in case of circumstantial evidence if the prosecution fails to prove motive for the offence?

Law web/ September 27, 2020/ Indian Law

 Now so far as the submission on behalf of the accused thatin the present case the prosecution has failed to establish andprove the motive and therefore the accused deserves acquittal isconcerned, it is true that the absence of proving the motivecannot…

Whether court can hold a person guilty for criminal conspiracy if supplies Sim Card to other accused?

Law web/ September 27, 2020/ Indian Law

  The role of the appellantmentioned by the prosecution is that theappellant facilitated procurement of SIMcard on the request made by accused-AshokJatav. This sim card, it is stated, wasallegedly used by accused Ashok Jatav andhis colleagues in the co…

Whether the court can infer that accused intended to murder deceased if he had given a blow by lathi?

Law web/ September 18, 2020/ Indian Law

 A lathi is a common item carried by a villager in thiscountry, linked to his identity. The fact that it is also capable ofbeing used as a weapon of assault, does not make it a weapon ofassault simpliciter. In a case like the present, of an assault ont…

Whether not working country-made pistol is a deadly weapon for S 398 of IPC?

Law web/ September 17, 2020/ Indian Law

 The next issue to be examined is whether the country madepistol (katta) can be termed as a “deadly weapon” as contemplated under Section 398 of the IPC. At this stage, it would be relevant to refer to the language of Section 398 of the IPC. The said S…

Whether the court can hold accused guilty for the offence under Arms Act if he had a country-made pistol, not in working condition?

Law web/ September 17, 2020/ Indian Law

  The next the question to be addressed is whether the appellant’sconviction under Sections 25 and 27 of the Arms Act is maintainable.It was contended on behalf of the appellant that the country madepistol (katta) was in a state of disrepair and theref…

Whether the court can rely on evidence of the police officer if independent witnesses do not support it?

Law web/ September 17, 2020/ Indian Law

 The contention that the testimony of the police witnesses couldnot be relied upon in absence of corroboration by any public witness, is unpersuasive. Merely because witnesses from the general public that had allegedly assembled at the spot, were not e…

Whether an act would amount to an offence if general exceptions under IPC cover it?

Law web/ September 17, 2020/ Indian Law

 As rightly contended by Mr. Sharath Chandran, it is a misnomer to say that the “Chapter IV – General exceptions” of the IPC is a defence for the accused. In the opinion of this Court, every act should pass through the prism of Chapter IV of the IPC to…