Direct evidence Archives

‘S. 106 exists to resolve situations where prosecution can’t lead direct evidence’; SC elaborates key principles of Section 106 Evidence Act

The Court found that circumstances in the instant case constituted more than a prima facie case to enable the prosecution to invoke Section 106 of the Evidence Act and shift the burden on the accused husband to explain what had happened on the day & date his wife died.

circumstantial evidence conclusive in murder case

Cases Reported Never Reported Judgments

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.

Case Briefs Supreme Court

“Prosecution had failed to establish charge”; SC acquits murder convict after 15 years in prison

Supreme Court said that once there is no eyewitness of the incident, the prosecution will have to establish a motive for the commission of the crime because in a case of no direct evidence, motive has a major role.

Case Briefs Supreme Court Supreme Court (Constitution/Larger Benches)

In absence of complainant’s direct evidence of bribe, presumption of Public Servant’s guilt can be drawn based on other evidence; holds SC Constitution Bench

The Constitution Bench of SA Nazeer, BR Gavai, AS Bopanna, V Ramasubramanian and BV Nagarathna, JJ has observed that the trial does not abate nor does it result in an order of acquittal of the accused public servant if the complainant turns ‘hostile’, or has died or is unavailable to let in his evidence.