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...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...the nature of the input on which they have taken the credit. Accordingly, as per the thickness of the material the same is not capable of being used in the manufacture of the final product, it is...The appeal is directed against the Order-in-Appeal No. AKP/164/NSK/2010 dt. 31.5.2010 passed by Commissioner (Appeals) Central Excise & Customs, Nashik, whereby the Ld. Commissioner...
...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...
...accidently taken a poisonous substance which was meant for washing photos erroneously thinking it to be a medicine: Held, the statement read as a whole was exculpatory in character and the whole statement...further held that the cause of death could not be ascertained from the medical evidence given in the case. The -evidence the question of the identity of the dead body consisted of the statement of...in evidence against her the following reasoning:
"It is true that strictly speaking exculpatory statements in which the prisoner denies her guilt cannot...
...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...egregiously erred in concluding that the electronic evidence relied on by the prosecution is a material object and in refusing to furnish copies of the same to the petitioner. He would contend that...
...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...
...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...the co-accused. Considering this fact and there being no prima facie material to link the applicants to the crime, in my considered view, the applicants are entitled for bail. Hence, I pass the...Anuja Prabhudessai, J.:— This is an application for bail filed by the aforesaid applicants who have been arrested in C.R. No. I-207/2016 registered at Gangapur Police Station, Nashik...
...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...an admission of an accused is to be used against him. the whole of it should be tendered in evidence, and if part of the admission is exculpatory and part inculpatory, the prosecution is not at liberty...tendered in evidence. But this principle is of no assistance to the accused where no part of his statement is self-exculpatory, and the prosecution intends to use the whole of the statement against the...
...and was not placed before him. He refers to statements of employees of M/s. B.D Denim in this regard with whom he was linked by Customs Authority and which according to him were exculpatory in nature...bail being granted in such cases and then deemed it necessary to pass the detention order. It is denied that any relevant material was suppressed or withheld from the Detaining Authority. The...statements of three employees of M/s. B.D Denim were neither relied upon nor referred to by the Detaining Authority in passing the detention order and as such the question of withholding these documents or...
...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...be relied on leaving apart the exculpatory part.
This is made more clear in the next case which was cited by learned counsel. In Palvinder Kaur v. The State of Punjab...
...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...
...accordingly appointed “to decide the question whether the authority quoted above was correctly decided.” It is important to note first that in this case there was no evidence bearing on the guilt of the...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...inculpatory part commands belief and the exculpatory part is inherently incredible, act upon the former and refuse to act upon the latter?”In the present case if the answer is in the affirmative...
..., that exculpatory material was not considered, has no basis. The opinion of the arresting officer is formed on the basis of 'material in possession' as on the date of arrest. It is not the case of...the petitioner that the so-called exculpatory material being referred to, was 'in possession of the I.O' on the date of arrest. Notwithstanding, the letter of MKA of 17thSeptember...] Relevance of Exculpatory Material
42. Section 19(1) of the PMLA refers to "all" or "entire" material in possession of the ED. Since...
...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...
...have an exculpatory value. It is to fill up this lacuna that Rule 4 in the Draft Rules, 2021 was introduced with a requirement to provide a list of all the documents, material...5th day of September, 2024 Can the accused in a criminal trial lay his hands on statements, documents and material objects collected during the course of...investigation, but which are not relied upon by the Investigating Officer? It is this question which falls for consideration in this Criminal Miscellaneous Case, which...
...examination under section 342 of the Code of Criminal Procedure. The reply to the penultimate question at the trial as to whether he had anything else to say was in the following...prosecution witness against Joginder Singh. Joginder Singh had also stated in answer to question No. 7 put to him during his examination under...evidence and the other material on record, therefore, leave no doubt in our mind that both the versions are substantially incorrect if not altogether false. The fact, however, is admitted that Jangir...
...clearly exculpatory. His answer to Question 32 is that the declaration in other than 2 Shipping Bills that indigenous material is used is that of the clearing agent, who has wrongly declared so. It...the conclusion that the imported goods do not correspond in any material parts with an entry made under the Customs Act. Therefore, the question of confiscating the same under Section 111(m) does not...HDPE only and from that those bags are manufactured. In this statement, he has also stated in Question No. 9 and answered to that question to the effect that he has not used any acrylic material ...
...also sentenced to life imprisonment.12. The High Court in appeal, however, acquitted the accused. On the question of alleged motive, the High Court found that civil...in whole or in part. It may also be possible to rely on the inculpatory part of his statement if the exculpatory part is found to be false on the basis of the evidence led by the prosecution. See...(1969) 1 SCC 347, AIR 1969 SC 422:“23. In this case the exculpatory ...
...filed by the applicant and the other filed by accused No. 3 Shankar Tiwari, were considered and rejected by the common judgment, impugned in this Revision. The only question raised by the petitioner in...Jasbir Singh v. Vipin Kumar Jaggi, 2001 SCC (Cri.) 1525. In that case the Supreme Court was dealing with the ...witness, his evidence will have to be examined keeping in view the guidelines laid down by the Supreme Court. If it is totally exculpatory, the court may reject it. But prior to that, his alleged role...
...admission of guilt anywhere in the said document involving the maker of the confession, namely, A-1. It is submitted that the entire document Ext. P-124 is exculpatory in nature, therefore, the question of treating...document in question will have to be considered on the basis of the statement found in itself and there is no scope for any external material being taken into consideration to draw an inference that what...not sent up for trial by the investigating agency by showing their names in column 2 of the charge-sheet because the investigating agency could not find sufficient material of their involvement. In...
...this job for us in this appeal.6. The clinching question before us is whether the whole statement of the accused, which contains both inculpatory and exculpatory parts should be taken...rejecting the exculpatory element.7. In the instant case, there is no evidence or material on record to show that the exculpatory part of the accused's statement is wrong or false or that the...exculpatory part was untrue or was inherently improbable. Since there was no material on record to show that the, self exculpatory part was wrong or unture and since the self exculpatory part was not...