...person based on circumstantial evidence were not available in the present case. The circumstances were not conclusive in nature. The facts established are not consistent only with the hypothesis of guilt and inconsistent with the in...exclude the possibility of guilt by any person other than the accused.7. Above being the...Arijit Pasayat, J.— Heard learned counsel for the appellant State. There is no appearance on behalf of the respondent-accused.2. The respondent...

...circumstances should be conclusive in nature;(3) all the facts so established should be consistent only with the hypothesis of guilt and inconsistent with innocence;(...direct evidence to prove the charges levelled against the respondent and the prosecution endeavours to establish the guilt of the respondent only on the circumstantial evidence — both oral and...which the evidence is purely of circumstantial nature. We think, it is not necessary to recapitulate all those decisions except stating that the essential ingredients to prove guilt of an accused...

...guilt must amount to such a moral certainty as convinces the mind of the Court, as a reasonable man beyond all reasonable doubt. Where negligence is an essential ingredient of the offence, the negligence...the objective circumstances constituting the accident, from which the inference of guilt is to be drawn, must be firmly established. Secondly, those circumstances must be of a determinative tendency...pointing unerringly towards the guilt of the accused. Thirdly, the circumstances shown make a chain so complete that they cannot reasonably raise any other hypothesis save that of the accused's guilt...

...nature;(3) all the facts so established should be consistent only with the hypothesis of guilt and inconsistent with innocence;(4) the circumstances should, to a ...State Of U.P v. Dr. Ravindra Prakash Mittal . 1992 of the Bombay High Court in Crl. A. No. 148 of 1989 to prove guilt of an accused person by ...the possibility of guilt of any person other than the accused.”36. Now let us examine the impelling circumstances...

...conclusive in nature. Crl. A. No. 1074 of 2007 (iii) All the facts established should be consistent only with the hypothesis of guilt. (iv) The circumstances should, to a moral ...appellant on the basis of circumstantial evidence. The circumstances should, to a moral certainty, exclude the possibility of guilt of any person other than the accused (State v. Dr. Ravindra...Sections 148, 302/149 (in alternate Section 302), 323/149 (in alternate Section 323) of the IPC. Appellant and other accused persons abjured their guilt and pleaded that they are...

...criminal proceedings, the persuasion of guilt must amount to such a moral certainty as convinces the mind of the court, as a reasonable man, beyond all reasonable doubt.18...R.M Lodha, J.— In this appeal by special leave, the appellant, Post Graduate Institute of Medical Education and Research, Chandigarh (for short “PGI”) has challenged the order...appeal filed by PGI under Section 21 of the Consumer Protection Act, 1986 (for short “the 1986 Act”) and affirmed the order passed by the State Consumer Disputes Redressal Commission, Chandigarh (for...

...proved; (b) the circumstances should be conclusive in nature; (c) all the facts so established should be consistent only with the hypothesis of guilt and inconsistent with innocence; (d) the circumstances should to a moral ...unerringly point to the guilt of the present appellants. It enumerates them thus:“If the facts of the present case are scanned as per the guidelines given in this..., AIR 1992 SC 2045 this Court has held that the essential ingredients to prove guilt of an accused by circumstantial evidence are: (a) the circumstances from which the conclusion is drawn should be fully...

...to the amount of paper used. It is considered that a moral certainty of the Mukhtar's guilt is sufficient reinforcement for the evidence on record, then I would venture to endorse the recommendation ...:“The learned District Magistrate has based his recommendation on a certainty arising out of the cumulative effect of the evidence in the different cases and of the evidence of reputation. M...understand why a different standard of proof of guilt should be required in a case like the present from that which is necessary in any other legal proceedings.3. The proof which is...

....(iii) All the facts established should be consistent only with the hypothesis of guilt.(iv) The circumstances should, to a ...aspect which is to be kept in mind is that it is for the prosecution to prove the guilt of the accused charged for such an offence and that too, beyond reasonable doubt. In a case where there is no...eyewitness and, which rests on circumstantial evidence, the prosecution is obligated to prove all those circumstances which leave no manner of doubt to establish the guilt of the accused person i.e...

..., record my satisfaction that prosecution evidence is not worthy of moral certainty to bring home guilt against accused-respondent. The scope of judicial review in an appeal against...Judgment 28/04/2017 Appellant-State has preferred this leave to appeal under Section 378 (iii) and (i) of the Code of Criminal Procedure, 1973 (for...short, Cr.P.C.), against judgment dated 29th of September, 2016, passed by Additional District & Sessions Judge No.3, Bikaner (for short, learned trial Court) in Sessions Case No.122/2012. By...

...sufficient, and the defendant is not necessarily entitled to the benefit of every reasonable doubt; but in criminal proceedings, the persuasion of guilt must amount to such a moral certainty as convinces t...recognised that there was such risk, he nevertheless goes on to do it.”13. The moral culpability of recklessness is not located in a desire to cause harm. It...) that legal and disciplinary procedures should be properly founded on firm, moral and scientific grounds; (ii) that patients will be better served if the real causes of harm are properly identified and...

...persuasion of guilt must amount to such a moral certainty as convinces the mind of the court, as a reasonable man beyond all reasonable doubt. Where negligence is an essential ingredient of the of...short “the National Commission”) in Original Petition No. 116 of 1991.2. The appellants filed a complaint under Section 21 of the Consumer Protection Act, 1986 claiming...compensation of Rs 45 lakhs attributing deficiency in services and medical negligence in the treatment of the deceased, Shri R.K Sharma (who was the husband of Appellant 1, Kusum Sharma and the father of...

...consistent only with the hypothesis of guilt and inconsistent with innocence.(iv) The circumstances should be to a moral certainty exclude the possibility of guilt of any ...version on circumstances, which according to it unerringly proves guilt of accused. The essential ingredients to prove guilt of an accused person by circumstantial evidence are:—(i) The...approach and should record a conviction only if all the links in the chain are complete pointing to the guilt of the accused and every hypothesis of innocence is capable of being negatived on evidence...

...hands of Sobatia; but soon after the chase was started Raidania had taken it from him. We, therefore, feel that it is not possible to exclude in this case to moral certainty every other hypothesis but of the ...with the hypothesis.Thirdly—That the circumstances should be of a conclusive nature and tendency. Fourthly—That the circumstances should, to moral certainty, actually exclude every...consistent only with the guilt of the accused, and that if the evidence is consistent with any other rational explanation, then there is an element of doubt of which the accused must be given the benefit...

...defendant is not necessarily entitled to the benefit of every reasonable doubt; but in criminal proceedings, the persuasion of guilt must amount to such a moral certainty as convinces the mind of ...guilt on 2-8-1997 as also on 4-8-1997.Investigation8. Samples were sent to the Central Forensic Laboratory on 5-8-1997. The weight of the said...hold that the guilt of the accused has been sufficiently established in the case, this Court should not interfere with the impugned judgment.(ii) The...

...which the conclusion is drawn should be fully proved; (2) the circumstances should be conclusive in nature; (3) all the facts so established should be consistent only with the hypothesis of guilt and inconsistent with innocence; (4)...; (3) all the facts so established should be consistent only with the hypothesis of guilt and inconsistent with innocence; (4) the circumstances sho...along with one A.Subhash were called to Police Station and at that time, the accused was in the custody of the Police and on interrogation, the accused admitted his guilt about commission of the offence...

...the hypothesis of guilt and inconsistent with innocence; (4) the circumstances should, to a moral certainty, exclude the possibility of guilt of any person other than the accused... (3) all the facts so established should be consistent only with the hypothesis of guilt and inconsistent with innocence; (4) the circumstances should, to a...interrogation, the accused confessed his guilt in the Police Station, in the presence of PWs.7 and 8 and pursuant to the confession, PW-11 recovered M.Os.6 to 8 and later produced the accused before...

...burden of proof, is a sufficient basis of decision in criminal cases however a higher degree of assurance is demanded. The persuasion of guilt ought to amount to a moral certainty or such...defence. The prosecution was required to establish the guilt of the appellant by disproving the defence version of the case, by the production of evidence. The statement of the appellant recorded by a...certainty as convinces the minds of the tribunals, as reasonable men, beyond all reasonable doubt: see per Parke B. in R. v. Burdett . 4 B & Ald 95.. It may further be...

...facts established should be consistent only with the hypothesis of guilt;(iv) The circumstances should, to a moral certainty, exclude the possibility of guilt of any person other ...accused and that suspicion, however grave, cannot be taken place of legal proof and the influence of guilt can be justified only when all the incriminating facts and circumstances are found to be...compatible with the innocence of the accused or the guilt of any other person.”11. It is the first and foremost submission of the learned Counsel for the appellant/accused that the prosecution...

...facts established should be consistent only with the hypothesis of guilt. (iv) The circumstances should, to a moral certainty, exclude the possibility of guilt ...the crime. Suspicion, however grave, cannot take place of legal proof. In the case of circumstantial evidence the influence of guilt can be justified only when all the incriminating facts and...circumstances are found to be not compatible with the innocence of the accused or the guilt of any other person. (30) Following tests laid down in...