BSA/Evidence Act
'Voice Recording Of Bribe Demand Inadmissible Without S.65B Evidence Act Certificate & Voice Sample Authentication': Chhattisgarh High Court
The Chhattisgarh High Court has acquitted two public servants convicted under the Prevention of Corruption Act, 1988, holding that the prosecution failed to prove the demand of illegal gratification beyond a reasonable doubt. The Court observed that in the absence of a certificate under Section 65-B of the Indian Evidence Act, 1872, coupled with the absence of voice samples or any FSL report,...
Renukaswamy Murder Case: Karnataka High Court To Decide Whether Prosecution Can Cross-Examine Own Witness Without Declaring Her Hostile
The Karnataka High Court on Wednesday (June 24) orally remarked that it will consider whether clarificatory questions which are leading in nature can be asked to a prosecution witness in Renuka Swamy murder case, without declaring the witness hostile. The court was hearing State's petition challenging a trial court order that rejected its request to cross-examine a prosecution witness [mother...
Conviction Can't Rest On 'Last Seen' Alone Without Complete Chain Of Circumstances: Allahabad HC Acquits Man In 1986 Murder Case
The Allahabad High Court recently acquitted a man (sole surviving appellant) sentenced to life imprisonment in connection with a 1986 murder case, as it observed that the theory of "last seen together" is a "very weak kind of evidence" and it alone cannot sustain a conviction. A bench of Justice Rajnish Kumar and Justice Babita Rani added that the courts must ensure that the...
Supreme Court Summarises Law On Approver's Testimony, Says Corroboration Not Mandatory For Accomplice's Evidence
The Supreme Court observed that even where an accomplice's testimony is not independently corroborated on material particulars, it may still form the basis of a conviction if the court finds it credible, trustworthy, and reflective of a full and truthful account of the events surrounding the commission of the offence.“One of the necessary tests is that his (approver) testimony must...
Lack Of CDR From Rural Telephone Exchange In 2003 Not Material : Supreme Court Upholds Conviction In Kidnapping Case
The Supreme Court recently observed that non-production of the Call Detail Record (CDR) would not be fatal to the prosecution's case, when the substantive oral evidence remains cogent, credible, and completely unimpeached. A bench of Justice Pankaj Mithal and Justice Prasanna B. Varale upheld the conviction of two individuals, who were accused of kidnapping for a ransom under Section 346A...