| Topics |
Headnote |
Judgement |
| LAW OF RELIEF |
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| LAW OF RELIEF |
It can never be presumed that the statement of the victim of Rape, Molestation & Other crimes against women should always, without exception, be taken as gospel truth. |
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| LAW OF RELIEF |
If the evidence adduced by the prosecution constituting circumstantial evidence in support of the charge does not furnish an unassailable basis conviction is not maintainable. |
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| LAW OF RELIEF |
The degree of proof for reasonable doubt need not reach certainty but must carry a high degree of probability. |
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| LAW OF RELIEF |
Non-examination of the witnesses which were or could be available would cast a doubt upon the prosecution case. |
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| LAW OF RELIEF |
Testimony of interested witness, not corroborated by independent witnesses, is fatal to prosecution. |
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| LAW OF RELIEF |
If a related or interested witness is hostile to the assailant then his evidence must be examined very carefully & all the infirmities must be taken into account. |
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| LAW OF RELIEF |
Not making serious attempt by the trial Judge or APP for securing the presence of material witness can lead to wrongful conclusion of guilt of the accused & is fatal to prosecution. |
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| LAW OF RELIEF |
Criminal proceedings needs to be seen in the back ground of civil dispute between the parties. |
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| LAW OF RELIEF |
Presumption u/s 20 PC Act is rebuttable. |
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| LAW OF RELIEF |
To prove the offence of abetment mens rea is essential. |
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| LAW OF RELIEF |
The nature of duty defines the responsibility of a person. |
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| LAW OF RELIEF |
Casual reference to a large number of members of the husband's family without any allegation of active involvement would not justify taking cognizance against. |
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| LAW OF RELIEF |
If the conduct of the public servant is reasonably connected with the performance of his official duty he is certainly entitled for the protection u/s 197 Cr.P.C. |
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