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...account of how the accused killed the women, and (b) an account of his reasons for doing so, the former element being inculpatory and the latter exculpatory and the question referred to the Full Bench was...:
Criminal trial-Circumstantial evidence-Duty of courts to safeguard themselves against basing decision suspicions- ConfesSion'-Must be accepted or rejected as a whole-Self exculpatory statement...containing admission of incriminating facts-Admission of incriminating portion as true rejecting exculpatory portion as false -Legality-Indian Penal Code, 1860, s. 201-Essential ingredients of offence...
...an exculpatory material in the pros ecution evidence, it would vitiate the trial. Of Court, all these are subject to rider whether they have caused miscarriage of justice or prejudice...cused-appellant were put the question whether they committed the alleged theft of GI wire or not though the learned Special Judge put so many questions to them in cluding the question that whether at...there from that each material circumstance appearing in evidence against the accused is required to be put to him specifically, distinctly and separately. Failure to do so amounts to a serious ir...
...adversarial system is followed in our country, the accused is entitled to a copy of the records so that he can bring to the notice of the courts exculpatory material or such other aspects in the prosecution case, w...question as to whether the item is relevant in itself or whether the item is relevant because of the information that can be retrieved from it. In other words, if a material thing is produced in court to...footage was produced before Court along with the final report by categorizing the same as a material object.3. The petitioner approached the learned Magistrate and filed an application seeking to...
...] Relevance of Exculpatory Material
42. Section 19(1) of the PMLA refers to "all" or "entire" material in possession of the ED. Since...[VII.A.5] Inclusion of exculpatory material ..................................... 41 [VII.A.6] Need and necessity to arrest ............................................. 42 [VII.B] Principles Culled Out............................................................... 46 [VII.B.4] Need and Necessity to Arrest ........................................... 47 [VII.B.5] Relevance of Exculpatory Material .................................. 48 ...
...credit on receipt of the same in the factory. On the question put before him that which type of material was procured by them, he, in his exculpatory reply, asserted that being old matter he is not able...to recollect his memory as to which type of material was procured by them. He also stated that the payments to the dealers, from whom the waste and scrap purchased, were made through cheque. Regarding...of the material receipt. Ld. Counsel also submits that the partnership firm have without contesting the matter, reversed the entire Cenvat Credit and did not litigate the matter. Therefore the present...
...considering the exculpatory material and evidence produced by the petitioners in support of their plea of alibi before the investigating agency, wrongly passed the order passed under section 319 Cr.P.C..., cannot suffice a successful invocation of provision of Section 319 Cr.P.C., 1973 unless the veracity and genuineness of the foundational exculpatory material before the investigating agency which found...the same to be sufficient for not arraying certain persons as accused, is considered by the trial court. If this exculpatory material which the investigating agency found to be sufficient to exclude...
...case, all that was necessary was to get his signature. [1041 E-G]
(ii) In the circumstances of this case, the exculpatory part of the statement made before the Mukhiya being not.... The main question involved in this appeal is, whether the statement of the appellant recorded by a village Mukhiya before he was handed over to the police is admissible in evidence; and if so, whether..., received the post-
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mortem report, examined witnesses and sent all the material exhibits to the Chemical Examiner for...
...this report is excluded, the other evidence on the record is insufficient to convict the appellant. The principal question in the appeal is whether the statement or any portion of it is admissible in...(1939) LR 66 IA 66. Lord Atkin observed:“…no statement that contains self exculpatory matter can amount to confession, if the exculpatory statement is of some.... A statement which contains self-exculpatory matter cannot amount to a confession, if the exculpatory statement is of some fact which, if true, would negative the offence alleged to be confessed. If...
...Dewan of Pithapur one of whose daughters was the wife of the accused. It was suggested by the prosecution that before her marriage and about 19 years before the events in question the wife of the...smaller one of the size of the trunk in question was then delivered to the dhobie at the shop and he took it away. The transaction was entered in the rough day book and in the fair copy book of the shop...as of the day in question: and though the trial Judge thought that the entry had been tampered with so as to insert the height of the trunk the trial Judge and the High Court both of whom inspected the...
...that they did not speak of any conspiracy, much less of a conspiracy to commit the murder in question. Their statements only disclose that on 2-9-1992, Kalani had a meeting with accused Jayawant...with the question of framing charges. At that stage, the court is required to confine its attention to only those materials collected during investigation which can be legally translated into evidence...question is: what would be its evidentiary value against the latter? The question was succinctly answered by this Court in Kashmira Singh v. State...
...assessed the qualitative worth of the call details concerned, and/or, of the CDR concerned, which rather constituted the relevant exculpatory material, for the investigating officer concerned, taking to...concerned, could also ask for the examination of the above exculpatory material, by the expert concerned, and, with the latter in his report not supporting the echoings carried in Annexures P-8, and, P-9....
8. If the expert who examined the above exculpatory material, had
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...their friend.7. It is seen that apart from the aforesaid confessional statement, which is exculpatory in nature, there is no other prima facie material on record to link the applicants to the aforesaid cri...partly exculpatory, it cannot be used against co-accused. Where an accused pleads innocence and throws the blame on the co-accused, such statement cannot be termed as confession of that accused and cannot...be used against co-accused.8. I have perused the said confessional statement which prima facie appears to be exculpatory. Hence prima facie the said statement cannot be used against...
...is open to a defendant sued in respect of damage done by things in his care to raise a defence under the "exculpatory paragraph" the next question that arises is whether before the defendant can be...enclosures and at the time in question a violent wind had torn a branch coated with frozen rain from a poplar growing some distance within one of the enclosures and had driven it against these cables...mischief was done, but as nothing was made of this below, it need not be pursued now.
The question whether and under what circumstances a defendant can be made liable in a case of...
...so, the former element being inculpatory and the latter exculpatory, and the question we have to answer may be stated as follows:—“Can the court, if it is of opinion that the...Mears, C.J and Sulaiman, Boys, Young and Kisch, JJ.:— The question referred to this Bench is stated as follows by the Division Bench before whom the appeal came for hearing...which strikes us as untrue and absurd. This is a matter of considerable importance, and it is desirable to have this question settled by a Full Bench.”The present Full Bench was...
...also not impressed by Mr. Bagai's submission that there was any suppression or withholding of material documents by the Sponsoring Authority. He has referred to alleged exculpatory statements of three..., therefore, the question of withholding or suppressing these had no consequence whatever for the detention.11. It goes without saying that suppression or withholding of relevant material would...alternatively for supply of some documents/material. His representation was rejected. He made a representation again on 29.10.2001 which also met the same fate by order dated 18.11.2001 His detention was...
...the sentence of death awarded to him. It is founded on a certificate granted by the High Court under Article 134(1)(c) of the Constitution.2. At the material time the...statement made before him by the appellant from being accepted. The only question, therefore, is whether that statement was inadmissible by reason of Section 26.9. Sections...inculpatory admission which falls short of being admission of guilt. The question as to the meaning of “confession” was ultimately settled in 1939 by the Privy Council in Pakala Narayanaswami v. King...
...under :“We have gone through the records. Excepting the retracted statement of Mohd. Arif, we do not find any other evidence to connect the petitioner with the gold in question. Moreover, petitioner Mohd. Mahmood has...said Arif has filed any appeal against imposition of penalty on him. Be that as it may, the short question that arises for consideration in the present appeal is whether there is any evidence against the...absence of corroborative material penalty cannot be levied purely on the basis of retracted statement particularly when the proceedings are penal in nature. In the present case, apart from the...
...dark about other material, which the police or the prosecution may have in their possession, which may be exculpatory in nature, or absolve or help the accused. This Court is of the opinion that while...with the trial and disposes of the case finally. If the appellate or the revisional court, when the same question is recanvassed, could take a different view on the admissibility of that material in..., amongst others, to the manner in which documents (i.e. list of witnesses, list of exhibits, list of material objects) referred to are presented and exhibited in the judgment, and the lack of uniform...
...question of sentence under Section 235(2) CrPC. The convicts are informed that the sentence under Sections 302/34 IPC which has been established yesterday is life imprisonment or death penalty and the...sentence dated 6-12-2000, the appellants filed an appeal before the High Court. The High Court declined to interfere with the judgment of the learned trial court. Even on the question of sentence the...High Court found that adequate and just sentence had been awarded. In other words, the High Court even declined to interfere on the question of quantum of sentence and dismissed the appeal vide order...
...Swatanter Kumar, J.— Inter alia but primarily the appellant has raised a question of law in the present appeal. The contention is, that every demand by the husband or his...against the appellant is liable to be set aside.2. It is a settled canon of criminal jurisprudence that the question of law has to be examined in the light of the facts...inflicted and the death in question. If this is so, the legislature in its wisdom would have specified any period which would attract the provisions of this section. However, there must be existence of...