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Search Results for Tag : Credibility

News

Bombay HC Rules, ‘Relationship Not a Factor That Affects Credibility of Witness’(12.01.2017)

Bombay HC, while observing that ‘relationship’ is not a factor to affect credibility of a witness, has dismissed appeals moved by six convicts, who we.....

Tags : Bombay HC, credibility, witness



SC: Important to Distinguish B/W Contradictions in Witness Statements and Credibility of Witnesses(01.11.2023)

Supreme Court while observing that it is important to distinguish between contradictions in witness statements and the overall credibility of witnesse.....

Tags : Supreme Court, Contradictions, Credibility, Witness



International Cases

Leave to appeal is required for each ground of appeal(24.12.2018)

The Appellant applies for leave to appeal against his conviction in the Children's Court of Western Australia of one count of burglary and one count o.....

Tags : Conviction, Evidence, Credibility



A confession by an accused shall not be admissible as evidence against his or her co-accused(09.07.2021)

The issue before the Supreme Court was whether the evidence of a single witness was reliable and acceptable considering that the witness was declared .....

Tags : Conviction, Evidence, Credibility



Accused could only have been properly convicted, if the evidence of the single witness was clear and satisfactory in all material respects(01.09.2021)

In facts of present case, on 28 November 2018, the appellant, Mr. Lungisa Grifhs, was convicted together with two of his erstwhile co-accused in the R.....

Tags : Conviction, Evidence, Credibility



In the absence of demonstrable and material misdirection, Trial Court’s findings of fact are presumed to be correct(30.07.2021)

The Appellant was arrested and charged with murder. Appellant raised an alibi defence during trial before the South Gauteng High Court (trial court). .....

Tags : Conviction, Evidence, Credibility



Sentencing or punishment is pre-eminently a matter of discretion of the trial court, A court exercising appellate jurisdiction cannot, interfere in the absence of a material misdirection(23.01.2023)

In present case, the Appellant was convicted of the rape of his 9-year-old niece and sentenced to life imprisonment by the Regional Court. The issues .....

Tags : Conviction, Evidence, Credibility



Judgments

When a dying declaration is suspicious, it should not be acted upon without corroborative evidence(09.09.2016)

A charge sheet was filed against accused persons under Sections 302, 452 and 34 of Indian Penal Code and under Section 3 read with Section 25 of the A.....

Tags : Conviction, Evidence, Credibility



Person who records dying declaration must be satisfied that deceased was in fit state of mind(19.01.2017)

In present criminal appeal, Accused-Appellant, has challenged judgment passed by Additional Sessions Judge, by which accused appellant was convicted f.....

Tags : Conviction, Dying Declaration, Credibility



Value of medical evidence is only corroborative; it proves that, injuries could have been caused in manner alleged(25.04.2017)

Present appeal arises out of impugned judgment passed by a Division Bench of High Court of Madhya Pradesh, upholding conviction and sentence passed by.....

Tags : Conviction, Evidence, Credibility



Testimony of an injured accused and his deposition has to be relied upon(04.08.2017)

In the facts of present case, Appellant has been charged under Section 307/34 of Indian Penal Code, 1860 (IPC) for causing gunshot injury to PW-2 by a.....

Tags : Conviction, Legality, Evidence, Credibility



Proved circumstances must be consistent only with hypothesis of guilt of Accused and totally inconsistent with his innocence(08.01.2018)

Present appeal preferred by the State challenges the judgment of the High Court acquitting the Respondent under Section 302 of Indian Penal Code, 186.....

Tags : Acquittal, Validity, Evidence, Credibility



A moral opinion howsoever strong or genuine cannot be a substitute for legal proof(04.01.2018)

The Appellant faced trial and convicted for offences punishable under Sections 498-A/302 of the Indian Penal Code,1860 (IPC) on the accusation that he.....

Tags : Conviction, Evidence, Credibility



Benefit of any alternate hypothesis which is reasonably discernible from record must necessarily be given to the accused(25.01.2018)

The Appellant seeks to assail the judgment rendered by the learned Ad-hoc Additional Sessions Judge, by and under which, the Appellant is convicted fo.....

Tags : Conviction, Evidence, Credibility



Order of acquittal passed by first Appellate Court cannot be reversed, merely because re-appreciation of evidence leads to another possible view, unless view taken for acquittal is manifestly illegal(24.05.2018)

Aggrieved by the Judgment passed by the learned Fast Track Court Judge, the State has preferred present appeal. By the impugned Judgment and Order, th.....

Tags : Acquittal, Validity, Evidence, Credibility



In a criminal case, resting entirely on circumstantial evidence, all circumstances are required to be proved solidly beyond reasonable doubt(20.07.2018)

The Appellant was convicted by the Additional Sessions Judge, under Section 302 of Indian Penal Code, 1860 (IPC) in Sessions Case and was sentenced to.....

Tags : Conviction, Circumstantial evidence, Credibility



Accused is not conferred with any right to claim test identification parade(02.08.2018)

In instant case, the Accused pleaded not guilty and claimed to have been implicated falsely, therefore, wanted to be tried. At the trial, the prosecut.....

Tags : Conviction, Evidence, Credibility



When there is omission to put material evidence to Accused by Trial Court, prosecution cannot be said to be guilty of not adducing or suppressing such evidence(28.09.2018)

The Appellant assails his conviction by the High Court under Section 376(2)(f) of Indian Penal Code, 1860 (IPC) sentencing him to ten years rigorous i.....

Tags : Conviction, Evidence, Credibility



Punishment to be awarded for a crime must not be irrelevant but it should conform to and be consistent with atrocity and brutality which the crime has been perpetrated(09.10.2018)

Present jail appeal has been preferred by Accused Appellant against judgment and order passed by Sessions Judge convicting and sentencing Appellant fo.....

Tags : Conviction, Evidence, Credibility



Testimony of an injured witness can be acted upon even without any corroboration as he is having a special status in law(16.11.2018)

Present Criminal Appeal is preferred by the Appellants who have been convicted by the learned Sessions Judge, vide impugned judgment and sentenced to .....

Tags : Conviction, Legality, Witnesses, Credibility



A long delay can be condoned if witness has no motive for falsely implicating Accused(27.11.2018)

Present appeal arose out of the judgment passed by the High Court by which the High Court has dismissed the appeal filed by the Appellant herein there.....

Tags : Conviction, Evidence, Credibility



Presumption of innocence in favour of Accused is fortified by acquittal order; if view of High Court is reasonable, present court should not interfere with same(14.01.2019)

The instant appeals arise from the judgments of the High Court passed in Death Reference and Criminal Appeal. Vide the impugned judgments, the High Co.....

Tags : Acquittal, Evidence, Credibility



Man in possession of stolen goods soon after theft is either thief or received goods knowing them to be stolen, unless he can account for his possession(14.01.2019)

The present revision is against the judgment of conviction by the Judicial Magistrate First Class, by which the applicant ('accused') came to be convi.....

Tags : Conviction, Legality, Evidence, Credibility



Statement to police is not a substantive piece of evidence; same cannot form the basis of conviction(14.02.2019)

In facts of present case, on the basis of the FIR registered, police investigated the case. The necessary witnesses were examined by police under Sect.....

Tags : Conviction, Legality, Evidence, Credibility



Minor irregularity/omission by Investigation Officer need not necessarily lead to rejection of prosecution version(13.03.2019)

The present appeal has been preferred against the judgment passed by Addl. Sessions Judge convicting and sentencing the Appellant-Girand under Sectio.....

Tags : Conviction, Evidence, Credibility



Witness cannot be said to be an "interested" witness merely by virtue of being a relative of victim(26.04.2019)

Present appeal is directed against the judgment passed by the High Court whereby the Division Bench of the High Court dismissed the appeal preferred b.....

Tags : Conviction, Evidence, Credibility



When two views are possible, the Appellate Court should not reverse a judgment of acquittal, merely because another view was possible(29.04.2019)

The State has instituted the present petition seeking grant of leave to assail the judgment in Session Case arising out of FIR under Sections 376 of I.....

Tags : Acquittal, Evidence, Credibility



When findings of trial court and High Court are shown to be perverse, the Supreme Court would certainly interfere with same(07.05.2019)

Present appeal arises out of the judgment passed by the High Court by which the High Court affirmed the conviction of Appellant-Accused No. 1 under Se.....

Tags : Conviction, Evidence, Credibility



Conviction on basis of a solitary eye witness is sustainable only if there is reliable evidence proving guilt of accused(06.08.2019)

In facts of present case, the two Appellants have been convicted under Sections 302, 149 and 148 of the Indian Penal Code (IPC). The Appellants submit.....

Tags : Conviction, Evidence, Credibility



Convincing evidence on recoveries given by Investigating Officer could not be rejected merely because panch witness had turned hostile(26.08.2019)

By present revision application, the Applicant (original accused) has challenged judgments and orders of two Courts below, whereby he stood convicted .....

Tags : Conviction, Evidence, Credibility



Accused is obliged to furnish explanation under Section 313 of CrPC with regard to circumstances under which deceased met an unnatural death inside the house(07.11.2019)

The Appellant, husband of the deceased, is aggrieved by his conviction under Section 302 of the Indian Penal Code, 1860 (IPC) affirmed by the High Cou.....

Tags : Conviction, Circumstantial Evidence, Credibility



Evidence of official witnesses cannot be distrusted and disbelieved, merely on account of their official status(06.01.2020)

Present Criminal Appeal is filed by the sole Accused, aggrieved by the judgment passed in Criminal Appeal by the High Court. The Appellant herein was .....

Tags : Conviction, Evidence, Credibility



The motive part loses its significance, when there is trustworthy evidence of witnesses as to commission of an offence(31.01.2020)

Present appeal is directed against judgment and order of sentence passed by the learned Additional Sessions Judge, whereby the learned Sessions Judge .....

Tags : Conviction, Evidence, Credibility



Statement recorded under Section 161 of CrPC can be used only to prove the contradictions and/or omissions(02.03.2020)

Feeling aggrieved and dissatisfied with the impugned judgment passed by the High Court by which the High Court has confirmed the conviction of the App.....

Tags : Conviction, Evidence, Credibility



Projection of different story by prosecution adversely affects and destroys prosecution case and it is unsafe to convict accused on basis of same(27.04.2020)

Present criminal appeal has been filed against the impugned judgment passed by Additional Sessions Judge under Section 376, 308 of Indian Penal Code, .....

Tags : Conviction, Evidence, Credibility



Mere delay in forwarding FIR to Magistrate is not a ground to acquit accused(26.05.2020)

The Appellant has challenged the judgment by the Allahabad High Court, confirming his conviction under section 302 read with Section 34 of the Indian .....

Tags : Conviction, Evidence, Credibility



If Investigating Officer conducts search, then, he must record the reason for doing so within seventy-two hours of the search(08.06.2020)

The instant appeal has been preferred against the judgment passed by the Special Judge under the Narcotic Drugs and Psychotropic Substances Act, 1985 .....

Tags : Conviction, Evidence, Credibility



When there is a time gap between an occurrence and the trial, it is impossible for police/Investigating Officer to recall minute details(18.06.2020)

Present appeal is against a common judgment and order passed by a Division Bench of the High Court dismissing Criminal Appeal filed by the Appellant, .....

Tags : Conviction, evidence, credibility



To prove the case under NDPS Act, ownership of the vehicle is not required to be established(10.09.2020)

Original accused no.1 has preferred the present appeal against impugned Judgment passed by the High Court by which the High Court has dismissed the sa.....

Tags : Conviction, Evidence, Credibility



In rape cases, the finding of guilt can be recorded even on the basis of uncorroborated testimony of the prosecutrix, if cogent and reliable(23.10.2020)

The present appeal is preferred under Section 374 of Code of Criminal Procedure, 1973 (CrPC) on behalf of the Appellant challenging the judgment and o.....

Tags : Conviction, Evidence, Credibility



Conviction Can Be Based On Sole Testimony Of Victim If Reliable And Trustworthy(14.10.2020)

The Appellant – original accused has preferred the present appeal, feeling aggrieved and dissatisfied with the impugned judgment and order passed by t.....

Tags : Conviction, Evidence, Credibility



When the recovery is suspicious, non-production of seal is to be considered to hold the Accused innocent(05.11.2018)

The present appeal is maintained by the Appellant laying challenge to judgment passed by the trial Court, whereby the Accused was convicted for the c.....

Tags : Conviction, Evidence, Credibility



If the witnesses are otherwise trustworthy, past enmity by itself will not discredit any testimony(09.10.2020)

Present Appeal has been preferred by 5 accused, challenging the judgment whereby, the Madhya Pradesh High Court, approved the conviction of the appell.....

Tags : Conviction, Evidence, Credibility



When the test identification parades are held in police presence, statements made by the identifiers to a police officer fall within the ban of Section 162 of CrPC(29.10.2020)

The present Appeal challenges the judgment of the High Court, whereby the Criminal Appeal was disposed of upholding the conviction of the Appellant in.....

Tags : Conviction, Evidence, Credibility



In a case based on circumstantial evidence, circumstances must be consistent only with the hypothesis of the guilt of the accused and inconsistent with the innocence(23.02.2021)

The accused Appellant was charged for offence under Section 302 of Indian Penal Code, 1860 (IPC) for the murder of his own wife while she was at the a.....

Tags : Conviction, Evidence, Credibility



Accused is entitled to benefit of doubt, when there is contradiction between medical and ocular evidence and latches in investigation(28.03.2017)

Ratio: Accused is presumed to be innocent until his guilt is proved beyond reasonable doubt

Instant appeals arise out of a common .....

Tags : Conviction, Evidence, Credibility



Dying declaration cannot be disbelieved on mere basis that parents and relatives of deceased were present in hospital while recording it(03.03.2021)

Present appeal has been filed by the Accused aggrieved by the judgment and order passed by the High Court whereby, his conviction and order of sentenc.....

Tags : Conviction, Evidence, Credibility



Minor defect in investigation on part of Investigating Officer does not take away prosecution case(23.06.2017)

Instant appeal is against judgment passed by Additional District & Sessions Judge, Fast Track 1st Court, convicting Appellant for offence punishable u.....

Tags : Conviction, Evidence, Credibility



Examination of independent witnesses is not an indispensable requirement and non-examination is not necessarily fatal to the prosecution case(06.05.2021)

The original accused has preferred the present appeal dissatisfied with the impugned judgment and order passed by the High Court, by which the High Co.....

Tags : Conviction, Evidence, Credibility



Evidence of witnesses cannot be disbelieved on basis of minor contradiction(06.07.2021)

Present appeal is filed against judgment and order passed by the High Court, by which the High Court has dismissed the said appeal preferred by the Ap.....

Tags : Conviction, Evidence, Credibility



Mere demand of dowry is not sufficient to bring home the offence to an accused(21.06.2021)

The Appellants being aggrieved against the judgment and order of conviction and sentence passed by the learned Additional Sessions Judge has preferred.....

Tags : Conviction, Evidence, Credibility



Conviction cannot be based on a DNA report when it is established that there has been no quality control or quality assurance and the sampling has been improper(04.10.2017)

By the impugned judgment and order, the Sessions Court held four Accused persons guilty under Sections 363 and 376(D) read with 34 of the Indian Penal.....

Tags : Conviction, Evidence, Credibility



If the testimony of the child victim inspires confidence and is reliable, it is sufficient to record the conviction(10.08.2021)

The present appeal is preferred on behalf of the Appellant challenging the judgment on conviction and order on sentence passed by the trial Court aris.....

Tags : Conviction, Evidence, Credibility



A conflict or contradiction between ocular and medical evidence has to be direct and material(19.03.2018)

The instant appeal has been filed against the impugned judgment/order passed by the trial Court in FIR registered under Sections 363-A, 376 of Indian .....

Tags : Conviction, Validity, Evidence, Credibility



There must be existence of a proximate and live link between the effect of cruelty based on dowry demand and the death concerned(17.12.2021)

The Appellant are aggrieved by the common judgment passed by the High Court upholding the judgment of conviction under Sections 304B and 201 read with.....

Tags : Conviction, Evidence, Credibility



Before acting upon opinion of hand-writing expert, Court must see that, such evidence is corroborated by either direct or other circumstantial evidence.(14.01.2020)

Present appeal has been preferred challenging the impugned judgment passed by the High Court whereby the High Court dismissed the revision petition fi.....

Tags : Conviction, Evidence, Credibility



Detention under the preventive detention laws is not punitive but is essentially a precautionary measure intended to prevent and intercept a person(13.01.2020)

In present case, the Superintendent of Special Customs Preventive Unit, Kannur intercepted the jeep. The second accused was the driver of the jeep. Th.....

Tags : Conviction, Evidence, Credibility



In absence of any evidence to show meeting of minds, it is not safe to hold a person guilty under Section 120-B of IPC(07.12.2021)

Present Appeal is directed against the judgment passed by the High Court whereby, the High Court has dismissed the Appeal filed by the Appellant / acc.....

Tags : Conviction, Evidence, Credibility



Mere facts that, the weapon used is not recovered cannot be a ground not to rely upon the dying declaration(01.04.2022)

The State has preferred the present appeal against the impugned judgment passed by the High Court by which the High Court has acquitted the Respondent.....

Tags : Conviction, Evidence, Credibility



Conviction cannot be based on the testimony of a wholly unreliable witness(03.06.2022)

Instant appeals challenges the judgment delivered by the Division Bench of the High Court, thereby dismissing the appeal filed by the present appellan.....

Tags : Conviction, Evidence, Credibility



Different statement given by the same prosecution witness in another case would not be a reason for recalling the witness(21.06.2022)

The Petitioner before present Court had challenged the order which has been passed in Sessions Trial before the High Court whereupon the impugned judg.....

Tags : Conviction, Evidence, Credibility



Minor inconsistencies in the statement of witnesses are not of any consequence in case of concurrent findings recorded by Courts below(05.07.2022)

The instant appeal is preferred by the accused against final judgment passed by High Court whereby the Division Bench of High Court declined to interf.....

Tags : Conviction, Evidence, Credibility



Accused is not required to prove his defence beyond a reasonable doubt but only by preponderance of probabilities(04.08.2022)

The present appeal arises from the judgment passed by the High Court dismissing the Appellant's appeal against judgment passed by the First Additional.....

Tags : Conviction, Evidence, Credibility



Guilt of Accused must be proved beyond all reasonable doubts(19.04.2017)

Instant appeal is against judgment passed by High Court, whereby High Court while allowing appeal of Respondent Nos. 1 & 2, set-aside judgment convict.....

Tags : Acquittal, Validity, Evidence, Credibility



If two reasonable conclusions are possible on the basis of the evidence on record, the Appellate Court should not disturb the finding of acquittal recorded by the trial court(03.03.2023)

The appeal challenges the judgment and order passed by the High Court thereby reversing the judgment and order passed by the trial court, vide which t.....

Tags : Conviction, Evidence, Credibility



Once any gratification other than legal remuneration is proved to have been accepted by Accused, Court is entitled to raise the presumption under Section 20 of PC Act, 1988(21.09.2023)

The instant Appeal is directed against the judgment and order passed by the High Court, whereby the High Court had dismissed the Appeal filed by the A.....

Tags : Conviction, Evidence, Credibility



In a case based on circumstantial evidence, non- explanation or false explanation of accused under Section 313 of CrPC cannot be used as an additional link to complete chain of circumstances(24.01.2024)

Present appeal challenges the judgment and order, passed by the Division Bench of the High Court thereby dismissing the appeal filed by the Appellant,.....

Tags : Conviction, Evidence, Credibility



Revisional Court cannot substitute its opinion simply because another view is possible(02.01.2024)

The Applicant-Original accused has questioned the legality, correctness and propriety of the judgment and order passed by the Sessions Court. Learned .....

Tags : Conviction, Evidence, Credibility



Confession of an accused recorded by a Police Officer is not admissible as evidence(01.03.2024)

Present appeals take exception to the final impugned judgment passed by the High Court rejecting the Criminal Appeal preferred by the appellants assai.....

Tags : Conviction, Evidence, Credibility



Appellate Court cannot overturn order of acquittal only on basis that another view is possible(10.04.2024)

In present case, the Appellants, who are father and son, were prosecuted for the offence punishable under Section 302, read with Section 34 of the Ind.....

Tags : Conviction, Evidence, Credibility



Sole admission under Section 313 of CrPC in absence other corroborative piece of evidence, cannot be made basis of conviction(18.03.2024)

Judgment and order passed by Additional Sessions Judge, thereby convicting husband and in-laws (Appellants) for offence punishable under Section 498A .....

Tags : Conviction, Evidence, Credibility



Once a plausible version has been put forth in defence at the examination stage, then it is for the prosecution to negate the defense plea(28.07.2020)

The present Criminal Appeal has been preferred by Appellant impugning the judgment of the High Court through which challenge to a judgment passed by t.....

Tags : Conviction, Evidence, Credibility



Fraudulent or dishonest intention must exist at the time of initial promise or formation of contract(27.07.2020)

The Petitioner being the convict has challenged the judgment and order of conviction and sentence delivered in case by the Judicial Magistrate, by mea.....

Tags : Conviction, Evidence, Credibility



A fact can be said to have been proved, if it is established beyond reasonable doubt and not on preponderance of probability(05.08.2020)

The Appellant assails his conviction under Section 8C read with Section 20(b)(ii)(c) of the Narcotics Drugs and Psychotropic Substances Act, 1985 ("th.....

Tags : Conviction, Evidence, Credibility



Presumption under Section 113B of Evidence Act can be drawn only where ingredients of Section 304B of IPC are fulfilled(21.12.2016)

In facts of present case, FIR under Section 304B/34 of Indian Penal Code, 1860 (IPC), was registered on basis of statement made by complainant. After .....

Tags : Conviction, Evidence, Credibility



Minor contradictions, inconsistencies or improvements on trivial matters without effecting core of prosecution case cannot be made a ground to reject evidence in its entirety(28.02.2019)

In facts of present case, after completion of the investigation, final report, under Section 173 of Code of Criminal Procedure, 1973 (CrPC) was prepar.....

Tags : Conviction, Evidence, Credibility



Conviction of accused cannot be sustained, if sole testimony of prosecutrix found artificial(11.08.2017)

Instant criminal appeal is against the judgment passed by trial Court, whereby Accused Appellant was convicted for offences under Sections 363, 366, 3.....

Tags : Conviction, Legality, Evidence, Credibility



Prosecution is duty bound to furnish proper explanation to the Court regarding injuries sustained by Accused in course of altercation(11.05.2018)

Present appeal is filed by the present Appellant, aggrieved by the concurrent findings of the Court below, which has upheld the culpability of the Acc.....

Tags : Conviction, Evidence, Credibility



When the evidence of the official witnesses is trustworthy and credible, there is no reason not to rest the conviction on the basis of their evidence(03.07.2020)

In facts of instant case, the Excise Circle Inspector (PW3) of Hosdurg Excise Range found the Petitioner/accused with a can containing three litres of.....

Tags : Conviction, Evidence, Credibility



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