• The Court could exercise its constitutional powers for transferring an investigation from the State investigating agency to any other independent investigating agency like CBI only in rare and exceptional cases. Supreme Court Judgment ANALYSIS : 43. Having heard the learned counsel appearing for the parties and having gone through the materials on record, the only…

  • “Denial of a fair trial is as much injustice to the accused as is to the victim and the society. Fair trial obviously would mean a trial before an impartial judge, a fair prosecutor and atmosphere of judicial calm. Fair trial means a trial in which bias or prejudice for or against the accused, the…

  • The Supreme Court in State of Haryana and Ors. vs. Ch. Bhajan Lal and Ors., AIR 1992 SC 604 held- “Human dignity is a dear value of our Constitution. But if a police officer transgresses the circumscribed limits and improperly and illegally exercises his investigatory powers in breach of any statutory provision causing serious prejudice…

  • 25. The appreciation of ocular evidence is a hard task. There is no fixed or straight-jacket formula for appreciation of the ocular evidence. The judicially evolved principles for appreciation of ocular evidence in a criminal case can be enumerated as under: “I. While appreciating the evidence of a witness, the approach must be whether the…

  • Dying declaration is one of the exceptions to the rule of hearsay. It is well settled that there is no absolute rule of law ‘that the dying declaration cannot form the sole basis of conviction unless it is corroborated’. The rule requiring corroboration is merely a rule of prudence. “32. It would not be out…

  • The legal position is not in dispute that mere production and marking of a document as exhibit by the Court cannot be held to be a due proof of its contents. Its execution has to be proved by admissible evidence. “16. ………………..The legal position is not in dispute that mere production and marking of a…

  • 81. It is an undisputed position of law that the FIR is a public document defined under Section 74 of the Evidence Act. Various High Courts have expressed this view from time to time. a) In the case of Channappa Andanappa Siddareddy and others v. State 1980 Crl LJ 1022, the Karnataka High Court held…


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