Search Results Page
Search Results
1 - 10 of 11 (0.69 seconds)Section 449 in The Indian Penal Code, 1860 [Entire Act]
The Indian Penal Code, 1860
Section 379 in The Indian Penal Code, 1860 [Entire Act]
Section 392 in The Indian Penal Code, 1860 [Entire Act]
Section 302 in The Code of Criminal Procedure, 1973 [Entire Act]
Sharad Birdhi Chand Sarda vs State Of Maharashtra on 17 July, 1984
In Sharad vs. State of Maharashtra (AIR 1984 SC 1622), the
Supreme Court has laid down the five golden principles on circumstantial
evidence as under:
Section 449 in The Code of Criminal Procedure, 1973 [Entire Act]
Shivaji Sahebrao Bobade & Anr vs State Of Maharashtra on 27 August, 1973
ed that the circumstances concerned ‘must or should’ and not ‘may be’
established. There is not only a grammatical but a legal distinction be-
tween ‘may be proved’ and “must be or should be proved” as was held
by Apex Court in Shivaji Sahabrao Bobade v. State of Maharashtra
where the following observations were made: [SCC para 19, p.807:SCC
(Cri) p.1047]
Certainly, it is a primary principle that the accused must be and not
merely may be guilty before a court can convict and the mental distance
https://www.mhc.tn.gov.in/judis/
12/24
Crl.A.No.325 of 2020
between ‘may be’ and ‘must be’ is long and divides vague conjectures
from sure conclusions.
Padala Veera Reddy vs State Of Andhra Pradesh And Others on 26 October, 1989
11. The above principles have been reiterated in Padala Veera Reddy
vs. State of Andhra Pradesh [(1989) Supp (2) SCC 706], but with a different
phraseology. The said judgement speaks as under: