Search Results Page
Search Results
1 - 10 of 15 (0.21 seconds)Section 302 in The Indian Penal Code, 1860 [Entire Act]
Section 34 in The Indian Penal Code, 1860 [Entire Act]
Section 27 in The Arms Act, 1959 [Entire Act]
State Of Goa vs Sanjay Thakran And Anr on 2 March, 2007
In cases built on circumstantial
evidence, it is well-established legal principle that "the
circumstances from which an inference of guilt is sought to be
drawn must be cogently and firmly established" as emphasized
by the Hon'ble Supreme Court in the case of State of Goa vs
Sanjay Thakran & Anr. reported in (2007) 3 SCC 755. In view
of the given facts of the case, it becomes evident that the source
of identification has not been adequately demonstrated by the
evidence presented by the prosecution. Consequently, the crucial
aspect of "last seen" cannot be considered as firmly and
conclusively established.
Banti @ Guddu vs State Of Madhya Pradesh on 4 November, 2003
In the case of Banti v. State of M.P., reported in (2004) 1 SCC
414, it has been held by the Hon'ble Supreme Court that when
some advantage is sought to be taken from the fact that
the child witness was examined after some delay, explanation is
to be sought from the Investigating Officer as to why there was
delay in interrogating the witness. Moreover, there is no
evidence on record to suggest that the I.O inspected the dalan
from which the deceased was taken away. Whether the I.O
seized any blood from the place of occurrence, recovered any
cartridges, or obtained any incriminating material remains
undisclosed. Therefore, in such circumstances, the examination
of the Investigating Officer becomes important as he would
have been the most competent witness to throw light on the
manner in which the investigation was carried out and to explain
the entire gamut of evidence brought on record. However, the
prosecution has, without any explanation, not examined the
Patna High Court CR. APP (DB) No.124 of 2020(6) dt.09-10-2023
16/16
Investigating Officer of this case which has caused prejudice to
the case of the defence and is fatal to the case of prosecution.