September 2020

April 2020

March 2020

February 2020

Recalling of Witness—No prejudice would be caused to recall the doctor to cross examine whether he had also examined the co-accused and had issued/signed the Medico Legal Report qua any injuries on the co-accused

By | February 13th, 2020|Evidence - Criminal Cases|

Comments Off on Recalling of Witness—No prejudice would be caused to recall the doctor to cross examine whether he had also examined the co-accused and had issued/signed the Medico Legal Report qua any injuries on the co-accused

Summoning of Witness-Trial Court has jurisdiction to summon any person or witness, even if such person was not summoned earlier, if the court is of the opinion that such person is essential to be examined for the just decision of the case.

By | February 13th, 2020|Evidence - Criminal Cases|

Comments Off on Summoning of Witness-Trial Court has jurisdiction to summon any person or witness, even if such person was not summoned earlier, if the court is of the opinion that such person is essential to be examined for the just decision of the case.

January 2020

December 2019

Closing of Evidence—In absence of counsel representing the accused the Court should not close the opportunity to cross-examine the witness

By | December 25th, 2019|Evidence - Criminal Cases|

Comments Off on Closing of Evidence—In absence of counsel representing the accused the Court should not close the opportunity to cross-examine the witness

Voice Samples—Once the petitioner has given his consent for taking his voice samples and had given his voice sample thereafter he cannot contend that he had no idea that his voice samples would be used to implicate him 

By | December 22nd, 2019|Evidence - Criminal Cases|

Comments Off on Voice Samples—Once the petitioner has given his consent for taking his voice samples and had given his voice sample thereafter he cannot contend that he had no idea that his voice samples would be used to implicate him 

Penal Code, 1860 (IPC) – Sections 109, 120B, 394, 395, 396 and 449 – Evidence Act, 1872 – Section 9 – Criminal Procedure Code, 1973 (CrPC) – Section 162 – Test Identification Parade – It is trite to say that the substantive evidence is the evidence of identification in court. The facts, which establish the identity of the accused persons, are relevant under Section 9 of the Evidence Act.

By | December 12th, 2019|Evidence - Criminal Cases|

Comments Off on Penal Code, 1860 (IPC) – Sections 109, 120B, 394, 395, 396 and 449 – Evidence Act, 1872 – Section 9 – Criminal Procedure Code, 1973 (CrPC) – Section 162 – Test Identification Parade – It is trite to say that the substantive evidence is the evidence of identification in court. The facts, which establish the identity of the accused persons, are relevant under Section 9 of the Evidence Act.

November 2019

October 2019

Electronic Evidence—Call details of mobile phone—No officer/official of the mobile company was produced; call details were prepared through information received from internet; no certificate of genuineness regarding call details has been issued by the officer of mobile company—Such report held to inadmissible

By | October 2nd, 2019|Evidence - Criminal Cases|

Comments Off on Electronic Evidence—Call details of mobile phone—No officer/official of the mobile company was produced; call details were prepared through information received from internet; no certificate of genuineness regarding call details has been issued by the officer of mobile company—Such report held to inadmissible

Investigation—Mention of Caste—Investigating Officers directed not to state/mention the caste of the accused, victims or witnesses in recovery memos, FIR’s, seizure memos, inquest papers and other forms prescribed under the Code of Criminal Procedure, 1973 and Punjab Police Rules       

By | October 2nd, 2019|Evidence - Criminal Cases|

Comments Off on Investigation—Mention of Caste—Investigating Officers directed not to state/mention the caste of the accused, victims or witnesses in recovery memos, FIR’s, seizure memos, inquest papers and other forms prescribed under the Code of Criminal Procedure, 1973 and Punjab Police Rules       

Secondary Evidence—Photocopy of Affidavit—If the applicant has the photocopy of the affidavit, which is necessary for just decision of case then opportunity to lead the secondary evidence should be given

By | October 2nd, 2019|Evidence - Criminal Cases|

Comments Off on Secondary Evidence—Photocopy of Affidavit—If the applicant has the photocopy of the affidavit, which is necessary for just decision of case then opportunity to lead the secondary evidence should be given

May 2019

February 2019

October 2018

Disclosure Statement—Relatives of deceased themselves recovered dead body on basis of extra judicial confession by accused under pressure—Police was informed thereafter—Such recovery cannot be held as recovery on disclosure statement of accused.

By | October 8th, 2018|Evidence - Criminal Cases|

Comments Off on Disclosure Statement—Relatives of deceased themselves recovered dead body on basis of extra judicial confession by accused under pressure—Police was informed thereafter—Such recovery cannot be held as recovery on disclosure statement of accused.

Penalty on Surety-Absence of accused-­ One of the accused was in custody on relevant date and other was already arrested and had surrendered before trial court-Presence of accused was beyond control of sureties-Impugned order imposing penalties on securities set aside.                                 .                                             

By | October 3rd, 2018|Evidence - Criminal Cases|

Comments Off on Penalty on Surety-Absence of accused-­ One of the accused was in custody on relevant date and other was already arrested and had surrendered before trial court-Presence of accused was beyond control of sureties-Impugned order imposing penalties on securities set aside.                                 .                                             

August 2018

July 2018

Freezing of Bank Accounts—There is no requirement of giving prior notice to the account holder before the seizure of his bank account.

By | July 31st, 2018|Evidence - Criminal Cases|

Comments Off on Freezing of Bank Accounts—There is no requirement of giving prior notice to the account holder before the seizure of his bank account.

Murder-Motive-Non-mention of motive in FIR—- Not a fatal defect—An FIR is not to be read as an encyclopedia requiring every minute detail of the occurrence to be mentioned therein–The absence of any mention in it with regard to the previous altercation, cannot affect its veracity so as to doubt the entire case of the prosecution–The altercation suffices to establish motive—Conviction upheld-Evidence Act, 1872, S.8.

By | July 25th, 2018|Evidence - Criminal Cases|

Comments Off on Murder-Motive-Non-mention of motive in FIR—- Not a fatal defect—An FIR is not to be read as an encyclopedia requiring every minute detail of the occurrence to be mentioned therein–The absence of any mention in it with regard to the previous altercation, cannot affect its veracity so as to doubt the entire case of the prosecution–The altercation suffices to establish motive—Conviction upheld-Evidence Act, 1872, S.8.