S. 118 BSA | Allahabad High Court Seeks Inquiry Against Judge For Granting Bail To Husband Ignoring Dowry Death Presumption

The Allahabad High Court on Tuesday recommended an inquiry against a Judicial Officer who granted bail to a husband in a dowry death case, ignoring sufficient material against him as well as the presumption under Section 118 of the Bharatiya Sakshya Adhiniyam (BSA). For context, Section 118 BSA provides a statutory presumption in dowry death cases. It says that where a woman dies...

'Pugilistic, Boxer-Like' Position Of Dead Body Alone Does Not Establish Ante-Mortem Burns: Allahabad High Court

The Allahabad High Court has observed that the 'pugilistic' or 'boxer-like' position of a burnt dead body, by itself, does not establish that the burns were sustained ante-mortem.The Court said that such a posture of the dead body is a heat artifact which can occur no matter whether a person was alive or already dead when the burning began. A Bench of Justice Siddhartha Varma and Justice...

No Direct Evidence Of Murder Needed When Kidnapping, Last Seen & Swift Recovery Of Body Form Complete Chain: AP High Court

The Andhra Pradesh High Court has held that where the time between the kidnapping of a minor girl and recovery of her dead body was short, the prosecution could not be expected to produce direct evidence of the actual commission of murder. [2026 LiveLaw (AP) 200]The Court accordingly upheld the conviction and life sentences of two accused, finding that the 'last seen' theory and...

Allahabad High Court Acquits Husband Accused Of Setting Wife Ablaze, Rejects Dying Declaration Recorded In Presence Of Relatives

The Allahabad High Court on Wednesday acquitted a man convicted of culpable homicide in connection with the burning death of his wife, observing that the dying declaration was recorded in the presence of relatives/family members and therefore could not be safely relied upon. A Bench of Justice Siddhartha Varma and Justice Achal Sachdev allowed the criminal appeal filed by Jagan against...

Renukaswamy Murder Case | Witness Speaking Against Prosecution In An Unguarded Moment Not 'Hostile': Darshan To Karnataka High Court

The Karnataka High Court on Wednesday (August 12) reserved its orders on a crucial legal question arising in the Renukaswamy murder case involving actors Darshan and Pavitra Gowda—whether the prosecution can cross-examine its own witness under Section 154 of the Indian Evidence Act, 1872, without first having the witness declared hostile.A single judge bench of Justice M. Nagaprasanna heard...

WhatsApp Messages Inadmissible Without Section 65B Certificate, Oral Evidence Cannot Cure Defect: Patna High Court

The Patna High Court has held that WhatsApp messages relied upon as electronic evidence cannot be read in evidence without the mandatory certificate under Section 65B(4) of the Indian Evidence Act. It added that oral evidence cannot cure the absence of the statutory certificate.A Division Bench of Justice Bibek Chaudhuri and Justice Rana Vikram Singh made the observation while setting aside...

How Should A Test Identification Parade (TIP) Be Conducted? Allahabad High Court Explains Step-By-Step Procedure

The Allahabad High Court last week elaborately explained the step-by-step procedure governing the conduct of a Test Identification Parade (TIP).The bench clarified that such an identification parade must strictly comply with the safeguards prescribed under the UP Police Regulations and the UP Jail Manual, as any unexplained delay or procedural lapse seriously undermines their...

Reliable Dying Declaration Alone Can Be Basis For Conviction: Allahabad High Court Affirms Life Sentence Of 2 For Setting Woman Ablaze

The Allahabad High Court last week affirmed the life sentence awarded to 2 women for killing a married woman by setting her ablaze while observing that a dying declaration which is voluntary, truthful and recorded when the maker is in a fit state of mind can, by itself, form the basis of conviction.A Bench of Justice Rajesh Singh Chauhan and Justice Pramod Kumar Srivastava thus dismissed...

Last Seen Theory Alone Cannot Sustain Murder Conviction: Allahabad High Court Acquits Three In 1996 Double Murder Case

The Allahabad High Court last week set aside the conviction of 3 men in a 1996 double murder case while observing that a conviction in a case based on circumstantial evidence cannot be sustained solely on the "last seen together" theory/evidence unless every link in the chain of circumstances is proved beyond a reasonable doubt.The Court found that in this case, the prosecution had failed...

Allahabad High Court Upholds Life Term Of Father, Brother In 'Honour Killing' Of 2 Minor Girls; Relies On Pre- & Post-Crime Conduct

The Allahabad High Court last week affirmed the conviction and life sentence of a father and his son for the 'Honour Killing' of 2 minor girls after finding the appellants' conduct before and after the commission of the crime to be "highly relevant" under Section 8 of the Indian Evidence Act, 1872.A Bench of Justice JJ Munir and Justice Vinai Kumar Dwivedi thus dismissed the criminal appeal...

Allahabad High Court Acquits Husband Sentenced To Life Term For Killing Wife In 1979, Cites 4-Year Delay In FIR

The Allahabad High Court on Thursday acquitted a man who had been sentenced to life imprisonment for the alleged murder of his wife in 1979 after finding that there was an unexplained delay of more than 4 years in lodging the FIR, coupled with contradictory medical evidence regarding the cause of death.Observing that the prosecution had not been able to establish the guilt of the...

Evidence Act | Section 27 Recoveries Alone Can't Sustain Conviction : Supreme Court Restores Acquittal In 1988 Murder Case

The Supreme Court on Tuesday (July 28) restored the acquittal of six men in a 1988 murder case, observing that recovery made under Section 27 of the Indian Evidence Act, 1872 (now Section 23 BSA) cannot, by itself, form the basis of a conviction unless the recovered material is clearly connected with the offence through independent evidence. A bench of Justice JB Pardiwala and Justice K...