2024 SCC Vol. 10 Part 5
Special leave petition – Exemption from filing the certified copy of the impugned order of the High Court
circumstantial evidence
Suspicion alone insufficient for conviction; Orissa High Court acquits two and convicts one in murder case
“In dealing with circumstantial evidence, there is always a danger that conjecture or suspicion lingering on mind might take the place of proof and therefore, the Court has to be watchful and ensure that such thing should not take place.”
NRJ Series | Confession of co-accused not substantive evidence in itself but can be considered to lend assurance to existing circumstantial evidence [(1954) 1 SCC 625]
This report covers the Supreme Court’s Never Reported Judgment on, confession of co-accused, dating back to the year 1954.
Know why Supreme Court decided to acquit and quash death sentence of 2012 Pune Triple Murder accused
The accused was arrested in 2012 on the suspicion of murdering his wife, mother and 2-year-old daughter. In 2016, the Trial Court convicted him and imposed death penalty which was confirmed by Bombay High Court
SC acquits all 7 persons convicted in 1985 murder & abduction case as reasonable doubts strike prosecution case’s foundations
The Court emphasised that in order to reverse a finding of acquittal, a higher threshold is required. The presumption of innocence operating in favour of an accused throughout the trial gets concretized with a finding of acquittal by the Trial Court.
Orissa HC sets aside wife’s conviction u/s 302 for setting husband ablaze with kerosene for lack of clinching evidence
“A very careful, cautious and meticulous appreciation of evidence is necessary when the case is based on circumstantial evidence, the prosecution must elevate its case from the realm of ‘may be true’ to the plane of ‘must be true’.”
Bombay HC acquits man convicted of murdering wife and infant son in view of the inconsistent testimonies given by the prosecution’s star witnesses
The Court emphasised on the settled position that when two views are possible to a case, then the one that is favours the accused must be adopted.
Orissa HC sets aside husband’s conviction for wife’s murder for having no link in chain of circumstantial evidence & failure to prove last seen theory
“It is never the intention of the legislature to say that merely because two persons were residing together in a house along with others and one of them suffered homicidal death, it would not necessarily mean that the deceased was last seen in the company of others.”
Man convicted of murdering a government employee, set free by Sikkim HC due to gaps in circumstantial evidence
The Court said that the prosecution evidence must establish that the accused was the perpetrator of the offence and no one else.
Murder convict acquitted by Jharkhand High Court after eight years due to insufficient circumstantial evidence
The Court noted that the conviction was solely based on last seen evidence and it was not corroborated with any evidence, hence it could not be said to be just and proper.
Never Reported Judgment| Circumstantial evidence must be very strong and conclusive for conviction in murder case (1952) 2 SCC 491
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on circumstantial evidence.
2023 SCC Vol. 10 Part 2
Penal Code, 1860 — Ss. 302 and 201 — Circumstantial evidence — Last seen theory and recovery of weapon: In this case,
‘Testimonies of prosecution witnesses are unreliable, unworthy of credence’: SC set aside Karnataka HC order overturning acquittal of 6 convicts in murder case
Supreme Court said that a Court of Appeal should be circumspect in overturning its judgment of acquittal, is not a principle that requires reiteration. It has been held time and again that an acquittal will only be overturned in the presence of very compelling reasons.
What is the importance of motive in a case based on circumstantial evidence? J&K and Ladakh HC answers
The Court stated that motive assumes great importance in a case based on circumstantial evidence as without motive, chain of events is incomplete.
Circumstantial Evidence Acquittal: Why did Bombay High Court acquit a woman accused of killing her husband’s second wife?
The impugned judgment accepted the case of appellant being annoyed of second marriage, took her to the well to eliminate the deceased and strangulated her and thereafter threw her body in the well.
“To clinch a conviction, circumstances ought to form a chain to indicate that the accused and no one else committed the crime”: Supreme Court
The instant matter related to a person killed while he was travelling with his group on scooter, allegedly by constables patrolling the village, which was investigated by the Central Bureau of Investigation (‘CBI’).
Never Reported Judgment| Application of False trade descriptions can be proven through circumstantial evidence, not just positive affirmative evidence [1951 SCC 549]
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1951 on Section 6 of the Merchandise Marks Act, 1889.
‘Chain of circumstantial evidence incomplete to interfere with acquittal’; Supreme Court affirms acquittal in 25-year-old case
Supreme Court concurred with the Punjab and Haryana High Court that incriminating circumstances were not proved beyond reasonable doubt and chain of evidence was not complete to interfere with a degree of certainty of accused having committed the crime.
Orissa High Court upholds Acquittal of Accused Persons in witchcraft murder case
The Court said that in the case of circumstantial evidence, the links must form a continuous chain and must point unerringly to the guilt of the accused and to no one else.
Chain of Circumstantial evidence must be complete in all aspects to indicate guilt of accused: Supreme Court
The Supreme Court was of the view that the High Court ought to have interfered with the conviction when it found one of the links in circumstantial evidence missing and not proved, respecting the settled law in this regard.