Undoubtedly it is for the prosecution to prove beyond reasonable doubt that the accused had committed the offence with the requisite mens rea. Once that is done a presumption that the accused was sane when he committed the offence...
EvidenceQuestion
Supreme Court has, time out of number, observed that while appreciating circumstantial evidence the Court must adopt a very cautious approach and should record a conviction only if all the links in the chain are complete pointing to the...
Civil Procedure Code, 1908—Order 18, Rule 17—Recall and examination of witness—Power to recall any witness under Order 18, Rule 17 CPC can be exercised by Court either on its own motion or on an application filed by any of...
notwithstanding the general burden on the prosecution to prove the offence, the burden of proving the absence of the ingredients of the offence under certain circumstances was on the accused.
It is settled that the conviction can be based solely on CIRCUMSTANTIAL EVIDENCE, but it should be tested by the touchstone of law relating thereto as laid down by this Court in Hanumant Govind Nargundkar vs. State of M.P....
Municipal Corporation of Delhi Versus M/s. Jagan Nath Ashok Kumar and another-The word “reasonable” has in law the prima facie meaning of reasonable in regard to those circumstances of which the actor, called on to act reasonably, knows or...
Evidence Act, 1872—Circumstantial evidence—Onus is on the prosecution to prove that chain is complete—There must be a chain of evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused...
Electronic record produced for the inspection of the court is documentary evidence under Section 3 of The Indian Evidence Act, 1872 (hereinafter referred to as ‘Evidence Act’). The Evidence Act underwent a major amendment by Act 21 of 2000...