| Topics |
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Judgement |
| CRIMINAL TRIAL |
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Criminal trial —Examination of witness — Delay in —witnesses examined twice by the investigating agency — at the interval of almost four years — Validity of testimony — Held, the essence of their testimony qua the incident and the attendant facts and circumstances has remained the same barring a few inconsequential inconsistencies — Testimony relied upon. |
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Criminal trial —Witness —re-examination of — Plea of false implication raised — Held, there is no reason forthcoming for re-examination — The plea of false implication at the instance of the inimical members of the family of the deceased in this context thus assumes significance. |
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Criminal trial — Criminal Jurisprudence — Appreciation of Evidence — Duty of the Court — Held, the court has to assess — whether read as a whole, the evidence is truthful — The court has to keep in mind — the deficiencies — drawbacks — & infirmities — to find out whether such discrepancies shake the truthfulness. |
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Criminal trial — Criminal Jurisprudence — Evidence of witness — Discrepancies in — Appreciation of — Held, some discrepancies not touching the core of the case are not enough to reject the evidence as a whole — No true witness can escape from giving some discrepant details — Only when discrepancies are so incompatible as to affect the credibility of the version of a witness, the court may reject the evidence. |
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Criminal Trial — Criminal Jurisprudence — Evidence of witness — Exaggeration or Embellishment in — Credibility of — Held, it is not every discrepancy which affects creditworthiness and trustworthiness of a witness — There may at times be exaggeration or embellishment not affecting credibility. |
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Criminal Trial — Criminal Jurisprudence — Evidence of witness — Appreciation of — Duty of Court — The court has to sift the chaff from the grain and find out the truth — A statement may be partly rejected or partly accepted. |
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Criminal Trial — Criminal Jurisprudence — Appreciation of evidence — Held, on the same evidence, some accused persons may be acquitted while others may be convicted — depending upon the nature of the offence —The court can differentiate the accused who is acquitted from those who are convicted. |
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Criminal Trial — Criminal Jurisprudence — Benefit of Doubt — Rule of — Exaggeration of — Held, can result in miscarriage of justice— Letting the guilty escape is not doing justice. |
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Criminal Trial — Criminal Jurisprudence — Duty of the Court — A Judge presides over the trial not only to ensure that no innocent is punished but also to see that guilty does not escape. |
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Criminal Trial — Non-examination of witness — Held non-examination of some of the witnesses cannot be a ground to reject the prosecution case — when injured eye witnesses were examined. |
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Criminal Trial — Remission of remaining sentence — on the ground of old age — Accused were continued to remain on bail for one month for making an application for remission — also continued to remain on bail thereafter till the decision of the said application— Held, if the remission not given, they will surrender to serve out the remaining sentence. |
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Criminal trial — Witness of the occurrence — production of — Held, prosecution is not bound to produce all the witnesses said to have seen the occurrence. |
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Criminal trial — Standard of Witness — Material witnesses considered necessary by the prosecution for unfolding the prosecution story alone need be produced — without unnecessary and redundant multiplication of witnesses. |
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Criminal Trial — Criminal Jurisprudence — Duty of the Court — General reluctance of an average villager to appear as a witness — & get himself involved in cases of rival village factions — when spirits on both sides are running high has to be borne in mind. |
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Criminal trial — Material witness — Non-examination —no serious attempt made by the trial Judge or APP for securing his presence — led to wrongful conclusion of guilt — fatal to prosecution. |
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