The same has been again asserted by this Court in Ishwar Singh v. State of U.P. MANU/SC/0120/1976 : (1976) 4 SCC 355 by observing as under:It is the duty of the prosecution, and no less of the Court,
Law Web
Law Web publishes detailed revision guides and notes primarily aimed at LLM students, covering a variety of legal topics including public utility laws, juvenile delinquency and justice systems, human rights issues such as torture and discrimination, and international conventions like CEDAW. The blog also addresses key Supreme Court rulings and recommendations from human rights organizations relevant to Indian law. Its content focuses on foundational legal concepts, statutory frameworks, case law summaries, and policy critiques, providing concise, exam-oriented material for advanced legal studies.
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Supreme Court: How to appreciate evidence if there is contradiction in injuries found by doctor who examined victim first and doctor who examined him subsequently
By Law Web
The prosecution examined PW8-Dr. Sarika Gadekar at Exhibit-108 who medically treated the injured-PW1 at MGM Hospital, Aurangabad on 11.06.2014. The PW8 deposed that PW1-Sikandar Baig narrated the history of the assault to his right eye and she found extra ocular …
Supreme Court: Prosecution has duty to explain whether a sharp-edged weapon is used as blunt weapon if lacerated wounds are caused to victim
By Law Web
The postmortem report prepared by Dr. N.L. Jain shows that on the body of Jagdeo were found three bruises and a hematoma. On the body of Padum were found four lacerated wounds and two bruises. According to the eye-witnesses the …
Supreme Court: Lacerated wounds and Contusion are possible only by hard and blunt object and not by sharp-edged weapon
By Law Web
The injuries suffered by the complainant which have been reproduced in the judgment of the High Court show that there were three lacerated wounds and one contusion. One of the injuries that is injury No. 1 on X-ray examination was …
Supreme Court: How to appreciate prosecution evidence if there is discrepancy in oral evidence and medical evidence?
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In order to test the veracity of the prosecution witnesses we find that one of the eye witnesses, namely, Waryam Singh has deposed that Gurmej Kaur, the wife of the deceased, who was drawing water from the hand pump when…
Supreme Court: When a First Information Report is delayed and is ante-timed and ante-dated, it loses its value
By Law Web
Investigation of the case was conducted by PW-4 in a slip-shod manner. PW-4 did not explain as to why the original general diary was not produced. In terms of the Police Act, a copy of the statement of the First …
Bombay HC Grants Medical Bail In PMLA Case : Qualitative Difference" In Treatment Given To Undertrial Prisoners & Free Citizens:
By Law Web
Therefore, from the above decision it is seen that the long standing practice of “bail is the rule, jail is the exception” is aptly put into practice in such open and shut cases. In the present circumstances, Applicant suffers from various medical …
Bombay HC: Outsider’s Alienation Of Joint Family Property Cannot Be Challenged In Partition Suit Between Coparceners
By Law Web
Here, the alienation is not done by a coparcener, but the same is done by an outsider i.e. Khot family. Therefore, the issue of alienation by Khot family to BCT cannot be a subject matter of suit for partition between …
Bombay HC: What procedure the Executing court should follow if conditional stay is granted by higher court?
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Having regard to the aforesaid discussion, it becomes necessary to clarify the position so that such situations do not arise repeatedly. Whenever a superior Court grants stay to an award under the Land Acquisition Act subject to deposit of the awarded amount …
Supreme Court explains distinction between "preparation" and "attempt" to commit an offence
By Law Web
There is a visible distinction between “preparation” and “attempt” to commit an offence and it all depends on the statutory edict coupled with the nature of evidence produced in a case. The stage of “preparation” consists of deliberation, devising or …