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Documents citing Bishnu Prasad Sinha & Anr vs State Of Assam on 16 January, 2007

Prasad Sinha vs . State Of Assam, Reported In 2008 (1) Scc ... on 13 March, 2019

53. Further, the learned counsel appearing for the accused relying upon the decision of the Hon'ble Supreme Court in Bishnu Prasad Sinha Vs. Stated of Assam http://www.judis.nic.in reported in 2008 (1) SCC Crl. 766 submitted that capital punishment cannot be awarded in a case of circumstantial evidence. The criminal law adheres 45 in general to the principle of proportionality in prescribing liability according to the culpability of each kind of criminal conduct. It ordinarily allows some significant discretion to the Judge in arriving at a sentence in each case, presumably to permit sentences that reflect more subtle considerations of culpability that are raised by the special facts of each case. Here, in this case, considering the peculiar facts and circumstances of the case, nature of the injuries caused on D2, the commission of rape and the antecedents of the accused, the ratio laid down in the above decision cannot be applied to this case.
Madras High Court Cites 25 - Cited by 0 - R Subbiah - Full Document

Prasad Sinha vs . State Of Assam, Reported In 2008 (1) Scc ... on 13 March, 2019

53. Further, the learned counsel appearing for the accused relying upon the decision of the Hon'ble Supreme Court in Bishnu Prasad Sinha Vs. Stated of Assam http://www.judis.nic.in reported in 2008 (1) SCC Crl. 766 submitted that capital punishment cannot be awarded in a case of circumstantial evidence. The criminal law adheres 45 in general to the principle of proportionality in prescribing liability according to the culpability of each kind of criminal conduct. It ordinarily allows some significant discretion to the Judge in arriving at a sentence in each case, presumably to permit sentences that reflect more subtle considerations of culpability that are raised by the special facts of each case. Here, in this case, considering the peculiar facts and circumstances of the case, nature of the injuries caused on D2, the commission of rape and the antecedents of the accused, the ratio laid down in the above decision cannot be applied to this case.
Madras High Court Cites 25 - Cited by 0 - R Subbiah - Full Document

The State vs Vazhivittan

48. From the above ratio laid down by the Supreme Court, it is amply clear that though the statement of the accused with regard to the questioning u/s 313 of Cr.P.C. is not substantive evidence that could be used against him in isolation to arrive at the culpability of the accused, however, the same can be taken aid of to lend credence to the other evidence let in by the prosecution.
Madras High Court Cites 35 - Cited by 0 - M Dhandapani - Full Document

Pancham @ Kebal Rai vs State Of W. B on 24 December, 2010

In support of his contention that in the present case death is not called for, he also placed reliance upon the case of Bishnu Prasad Sinha & Anr. vs. State of Assam [(2007) 11 SCC 467] and drew the attention of the Court to the observation 41 made by the Supreme Court in paragraphs 57 to 65 of the said judgment. The Supreme Court has taken into consideration various decisions on the subject. In the opinion of Their Lordship imposition of punishment of imprisonment for life shall meet the ends of justice. It is directed that both the appellants, therefore, are instead of being awarded death penalty, sentenced to undergo imprisonment for life. It was a case of rape and murder of a girl aged 7-8 years and the fact that appellant, Bishnu Prasad Sinha, showed his remorse and repentance and accepted his guilt in the statement under Section 313 Cr. P.C., the Supreme Court felt it appropriate not to award extreme penalty of death.
Calcutta High Court (Appellete Side) Cites 21 - Cited by 0 - J N Patel - Full Document

Kumar S/O Basappa Olekar vs State Of Karnataka on 11 August, 2025

NC: 2025:KHC-D:10059-DB CRL.A No. 100320 of 2020 HC-KAR three accused persons without there being any evidence regarding either the involvement or role of appellants/accused Nos.2 and 3 or any proof of conspiracy between accused No.1 on one hand and accused Nos.2 and 3 on the other. The entire findings recorded in the aforesaid paragraphs are based on surmises and conjunctions, and without there being any legal or acceptable evidence in this regard. The Hon'ble Apex Court, in the case of Bishnu Prasad Sinha and Another Vs. State of Assam6, held as under:
Karnataka High Court Cites 19 - Cited by 0 - S R Kumar - Full Document
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