Corroboration of testimony of prosecutrix as a condition for judicial reliance is not a requirement of law in Rape trial

A plethora of decisions by this Court as referred to above would show that once the statement of prosecutrix inspires confidence and accepted by the courts as such, conviction can be based only on the solitary evidence of the prosecutrix and no corroboration would be required unless there are compelling reasons which necessitate the courts for corroboration of her statement. … Read More Corroboration of testimony of prosecutrix as a condition for judicial reliance is not a requirement of law in Rape trial

28 Aug 2018 Advocatetanmoy

Policy to reopen evidence once closed by the order of Court in a Civil suit.

we are satisfied that in the interests of justice and to prevent abuse of the process of court, the trial court ought to have considered whether it was necessary to re-open the evidence and if so, in what manner and to what extent further evidence should be permitted in exercise of its power under Section 151 of the Code.… Read More Policy to reopen evidence once closed by the order of Court in a Civil suit.

27 Aug 201827 Aug 2018 Advocatetanmoy

Witnesses can be summoned under Section 311 Cr.P.C. in spite of order closing prosecution Evidence

“After all, function of the criminal Court is administration of criminal justice and not to count errors committed by the parties or to find out and declare who among the parties performed better… Read More Witnesses can be summoned under Section 311 Cr.P.C. in spite of order closing prosecution Evidence

27 Aug 201827 Aug 2018 Advocatetanmoy

How is it possible to rectify or undo the lapse if it pertains to a vital piece of evidence?

A three-judge bench of Supreme Court has observed in Shivaji Sahabrao Bobade vs. State of Maharashtra (1973) 2 SCC 793 that such an omission does not ipso facto vitiate the proceedings unless prejudice was established by the accused… Read More How is it possible to rectify or undo the lapse if it pertains to a vital piece of evidence?

23 Aug 201826 Aug 2018 Advocatetanmoy

What is meant by an evidence of a formal character?

In this context Section 296 of the Code can be read: (1) The evidence of any person whose evidence is of a formal character may be given by affidavit and may, subject to all just exceptions, be read in evidence in any inquiry, trial or other proceeding under this Code. (2) The Court may, if it thinks… Read More What is meant by an evidence of a formal character?

23 Aug 2018 Advocatetanmoy

A false allegation of rape can cause distress, humiliation and damage to the accused

It is also by now well settled that the courts must, while evaluating evidence, remain alive to the fact that in a case of rape, no self-respecting woman would come forward in a court just to make a humiliating statement against her honour such as is involved in the commission of rape on her. In… Read More A false allegation of rape can cause distress, humiliation and damage to the accused

23 Aug 2018 Advocatetanmoy

What is the true import of the expression “Government of India”?

The question that arises for consideration, therefore, is what is the true import of the expression “Government of India”? In its narrower sense, Government of India is only the executive limb of the State. It comprises a group of people, the administrative bureaucracy that controls the executive functions and powers of the State at a… Read More What is the true import of the expression “Government of India”?

22 Aug 201813 Sep 2018 Advocatetanmoy

What is Miranda decision?

The Miranda decision was rendered under a system of law in which an utterance made by a suspect before the police could lead to his conviction and even the imposition of the death penalty. From the judgment in the Miranda case it further appears that the police would subject the suspect to incommunicado interrogation in… Read More What is Miranda decision?

22 Aug 2018 Advocatetanmoy

Evidence in Intercepted Phone calls

The most clinching evidence regarding conspiracy comes from the recordings of intercepted telephone calls between the terrorists and their co-conspirators and collaborators sitting in a foreign land … Read More Evidence in Intercepted Phone calls

22 Aug 201822 Aug 2018 Advocatetanmoy

Identification by Photograph and Evidence in Digital photography

While dealing with the CST episode we must take note of two other witnesses. Their evidence is extraordinary in that they did not only witness the incidents but also made a visual record of the events by taking pictures of the two killers in action and also of their victims.… Read More Identification by Photograph and Evidence in Digital photography