Search Results for "burden of proof"

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Supreme Court Acquits Accused in Murder and Robbery Case Due to Insufficient Circumstantial Evidence. Conviction Based on Uncorroborated Child Witness and Unreliable Recoveries Set Aside Under Sections 302, 394 IPC.

The case pertains to the murder of five women in village Khapridih, Chhattisgarh, on 17.12.2012. The appellants, Digamber Vaishnav and Girdhari Vaishn...

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Supreme Court Upholds Death Sentence for Six Accused in Brutal Dacoity, Murder, and Gang Rape Case. The court restored the death penalty for all six accused, reversing the High Court's reduction of sentence for three of them, based on the 'rarest of rare' doctrine.

The Supreme Court of India heard a batch of appeals arising from a brutal home invasion and massacre that occurred on the night of June 5-6, 2003, in ...

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Supreme Court Acquits Accused in Corruption Case Due to Lack of Proof of Demand. Conviction under Prevention of Corruption Act cannot be sustained when primary evidence of demand is absent due to complainant's death and no other reliable evidence establishes demand.

The Supreme Court allowed the appeal of Mrs. Neeraj Dutta, an LDC in Delhi Vidyut Board, who was convicted under Sections 7 and 13(1)(d) read with Sec...

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Supreme Court Allows Appeal Against Foreigner Declaration — Minor Name Discrepancy Not Fatal to Citizenship Claim. Burden of Proof Under Section 9 of Foreigners Act, 1946 Discharged by Consistent Documentary Evidence.

The appellant, Sirajul Hoque, was declared a foreigner by the Foreigner's Tribunal, Assam, vide judgment dated 19.01.2017. The Tribunal relied on a di...

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Supreme Court Restores Compensation in Motor Accident Claim — Bus Driver's Negligence Established by Preponderance of Probabilities. Non-examination of Pillion Rider Not Fatal to Claim Under Motor Vehicles Act, 1988.

The case arises from a motor accident on 28 October 2011, when Sitaram, a senior government school teacher, was riding a motorcycle with a pillion rid...

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Supreme Court Acquits Accused in Drug Overdose Murder Case Due to Lack of Circumstantial Evidence. Conviction under Section 302 IPC read with Section 120B IPC set aside as prosecution failed to prove chain of circumstances beyond reasonable doubt.

The Supreme Court allowed the appeals filed by Chandru @ Chandrasekaran and Siva @ Sivaprakash against their conviction under Section 302 IPC read wit...

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Supreme Court Allows Appeal in Negotiable Instruments Act Case — Reverses High Court Acquittal Based on Fiduciary Relationship. Concurrent Findings of Fact Cannot Be Upset in Revision Without Perversity; Presumption Under Section 139 NI Act Applies Even Between Fiduciaries.

The appellant-complainant, Bir Singh, filed a criminal complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent-accu...