International Journal of Divine Justice and Humanitarian Law, Plot No-170, Sector-6, CDA, Cuttack (2025)

29/02/2024

SUPREME COURT OF INDIA
we find from the Serology Report on record that the clothes on the person of the deceased were having blood stains of 'O' group. Three clothes recovered from the appellant were having blood stains. As regards the trouser of the appellant, the opinion was inconclusive. But as regards the other two items of clothes, it was found that the blood was of 'A' group. This militates against the case of the prosecution that the blood stains on the clothes of the appellant were of the blood of the deceased. The recovery of the axe at the instance of the appellant is of no relevance, as according to PW-2 and PW-3, the appellant was carrying a stick.The impugned judgments are set aside. The appellant is acquitted of the offence alleged against him. The bail bonds of the appellant shall stand cancelled. IJDJHL , Volume-23 , Issue-12

we find from the Serology Report on record that the clothes on the person of the deceased were having blood stains of 'O' group. Three clothes recovered from the appellant were having blood stains. As regards the trouser of the appellant, the opinion was inconclusive. But as regards the other two it...

28/02/2024

SUPREME COURT OF INDIA
Previous enmity isa double edged weapon; on the one hand it provides the motive, whereas on the other hand, the possibility of false implication cannot be ruled out.We find that when the Trial Court has disbelieved the testimony of PW.5-Ramkali and PW.6-Mulchand insofar as accused Uma Charan was concerned, it could not have applied a separate standard while considering the case of the present appellant-Balaram and Rameshwar (since deceased). We are of the considered view that the testimony of PW.5-Ramkali and PW.6-Mulchand would come in the category of wholly unreliable witnesses. As such, conviction on the basis of their testimony, in our view, would not be sustainable. IJDJHL ,Volume-23 Issue-11

Previous enmity isa double edged weapon; on the one hand it provides the motive, whereas on the other hand, the possibility of false implication cannot be ruled out.We find that when the Trial Court has disbelieved the testimony of PW.5-Ramkali and PW.6-Mulchand insofar as accused Uma Charan was con...

27/02/2024

SUPREME COURT OF INDIA
Though a statement made by a person who is dying is made exception to the rule of hearsay and has been made admissible in evidence under Section 32 of the Evidence Act, it would not be prudent to base conviction, relying upon such dying declaration alone.The Judgment of Conviction and Order of Sentence passed by the Trial Court, as confirmed by the High Court are set aside. The appellant is acquitted from the charges levelled against him.
IJDJHL , Volume-23 , Issue-10

Though a statement made by a person who is dying is made exception to the rule of hearsay and has been made admissible in evidence under Section 32 of the Evidence Act, it would not be prudent to base conviction, relying upon such dying declaration alone.The Judgment of Conviction and Order of Sente...

26/02/2024

SUPREME COURT OF INDIA
That a Court of Appeal should be circumspect in overturning its judgment of acquittal, is not a principle that requires reiteration. It has been held time and again that an acquittal will only be overturned in the presence of very compelling reasons. Further, right from the Privy Council onwards, it is been held that the presumption of innocence in favour of the accused is bolstered if the trial court hands down an acquittal.As a result, the acquittals handed down by judgment and order dated 25th September 2004 in S.C. No. 162 of 1999, passed by the Additional Sessions Judge- Presiding Officer, Fast Track Court-II, Kolar, are restored. The judgment of conviction and sentence, as awarded by the High Court, stands set aside. IJDJHL ,Volume-23 , Issue-9
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That a Court of Appeal should be circumspect in overturning its judgment of acquittal, is not a principle that requires reiteration. It has been held time and again that an acquittal will only be overturned in the presence of very compelling reasons. Further, right from the Privy Council onwards, it...

25/02/2024

SUPREME COURT OF INDIA
The fact that the deceased was living as a `ghar javai’ with the appellant, sufficiently indicates that the appellant did not have any pre-meditated intention to commit the murder of his son-in-law. But for the continuous harassment of the appellant’s daughter by the deceased who was a habitual drunkard, the appellant would not have lost his senses suddenly.In our considered opinion, the ends of justice would be adequately met by converting the sentence of life imprisonment awarded to the appellant to rigorous imprisonment of ten years. The sentence as awarded by the courts below stands modified accordingly. The appeal is allowed in part. The appellant shall be released on completion of the requisite and reduced period of sentence, if he is not required in any other case. IJDJHL ,Volume-23 , Issue-8

The fact that the deceased was living as a `ghar javai’ with the appellant, sufficiently indicates that the appellant did not have any pre-meditated intention to commit the murder of his son-in-law. But for the continuous harassment of the appellant’s daughter by the deceased who was a habitual ...

24/02/2024

SUPREME COURT OF INDIA
In any case, the dying declaration is not of that sterling quality on which the conviction can be based in absence of any other evidence. Therefore, the prosecution has failed to prove the guilt of the appellant beyond a reasonable doubt. The appeal succeeds and the impugned orders are quashed and set aside. The appellant is acquitted. IJDJHL ,Volume-23 ,Issue-7

In any case, the dying declaration is not of that sterling quality on which the conviction can be based in absence of any other evidence. Therefore, the prosecution has failed to prove the guilt of the appellant beyond a reasonable doubt. The appeal succeeds and the impugned orders are quashed and s...

23/02/2024

SUPREME COURT OF PHILIPPINES
Items confiscated from an invalid stop and frisk search is inadmissible in evidence and it cannot be cured by arguing that it was due to a search incidental to a lawful arrest. ACCORDINGLY, the Petition is GRANTED. The October 23, 2018 Decision and March 6, 2019 Resolution of the Court of Appeals in CA-G.R. CR No. 40681 are REVERSED and SET ASIDE. Petitioner Ignacio Balicanta III y Cua1to is ACQUITTED of unlawful possession of fi****ms and ammunitions. IJDJHL ,Volume-23 , Issue-6

Items confiscated from an invalid stop and frisk search is inadmissible in evidence and it cannot be cured by arguing that it was due to a search incidental to a lawful arrest. ACCORDINGLY, the Petition is GRANTED. The October 23, 2018 Decision and March 6, 2019 Resolution of the Court of Appeals in...

22/02/2024

SUPREME COURT OF PHILIPPINES
It is worth stressing that "while the law enforcers enjoy the presumption of regularity in the perfonnance of their duties, this presumption cannot prevail over the constitutional right of the accused to be presumed innocent." To stress, the presumption of regularity cannot by itself constitute proof of guilt beyond reasonable doubt. This is disputable and cannot be regarded as binding truth.Appeal GRANTED.Decision of the Court of Appeal REVERSED and SET ASIDE.Accordingly, accused-appellant is ACQUITTED and is ordered immediately RELEASED from detention, unless he is confined for any other lawful cause. IJDJHL ,Volume-23 Issue-5

It is worth stressing that "while the law enforcers enjoy the presumption of regularity in the perfonnance of their duties, this presumption cannot prevail over the constitutional right of the accused to be presumed innocent." To stress, the presumption of regularity cannot by itself constitute proo...

21/02/2024

SUPREME COURT OF CANADA
Where grounds for arrest are based on evidence that was unlawfully obtained, the court must excise this evidence from the factual matrix and determine whether the police had reasonable and probable grounds for arrest having regard to the totality of the circumstances known to the officer based on the remaining evidence.In the instant case, the state cannot rely on the evidence unlawfully obtained from the sniffer dog search to satisfy the reasonable and probable grounds requirement for Z’s subsequent arrests. The police breached ss. 8 and 9 of the Charter in conducting the sniffer dog search and by holding Z in investigative detention while waiting for a sniffer dog to arrive.We would allow the appeal. Because the evidence in question was essential to the Crown’s case, rather than order a new trial, we would enter an acquittal. IJDJHL , Volume-23 , Issue-4

Where grounds for arrest are based on evidence that was unlawfully obtained, the court must excise this evidence from the factual matrix and determine whether the police had reasonable and probable grounds for arrest having regard to the totality of the circumstances known to the officer based on th...

20/02/2024

SUPREME COURT OF INDIA
The prosecution has not successfully proved that the prosecutrix was less than sixteen years of age at the time of the alleged commission of the crime, and therefore the benefit ought to have been given to the appellant. Secondly, as to the factum of r**e itself, we are not convinced that an offence of r**e is made out in this case as it does not meet the ingredients of R**e as defined under Section 375 of the IPC, as we do not find any evidence which may suggest that the appellant, even though had sexual in*******se with the prosecutrix, it was against her will or without her consent.Accordingly, the appellant is acquitted of the charges of Section 376 IPC. The appellant, who is on bail, need not surrender. His bail bonds stand discharged. IJDJHL , Volume-23 , Issue-3

The prosecution has not successfully proved that the prosecutrix was less than sixteen years of age at the time of the alleged commission of the crime, and therefore the benefit ought to have been given to the appellant. Secondly, as to the factum of r**e itself, we are not convinced that an offence...

19/02/2024

SUPREME COURT OF INDIA
Although in examination in chief, the doctor has deposed that the death of the deceased child was homicidal in nature; however, in the cross-examination, it is admitted that such fact does not form part of the record, thereby calling into question the conclusion itself as it is a vital piece of information that has been omitted. In that view of the matter, the conviction returned by the Trial Court in Session Trial No.52 of 2004 and affirmed by the High Court in Criminal Appeal No.605 of 2005 is quashed and set aside.
IJDJHL ,Volume-23 ,Issue-2 ,

Although in examination in chief, the doctor has deposed that the death of the deceased child was homicidal in nature; however, in the cross-examination, it is admitted that such fact does not form part of the record, thereby calling into question the conclusion itself as it is a vital piece of info...

18/02/2024

SUPREME COURT OF INDIA
It is undisputed that the deceased was in a position to speak up until six days prior to her death when she was put on life support. Yet the non-recording of the deceased’s statement in the presence of the Magistrate or actual ascertainment of her fitness to make statements by doctors remains unexplained.Nothing on record indicates- the ownership of a vehicle by the convict-appellant; any disagreement or animosity between the convict-appellant and the deceased, that is of such an extreme nature as to set her on fire; any connection between the convict-appellant and the inflammable substance used to kill the victim such as the record of purchase or statement of any person to show such substance to be in possession of the convict-appellant.we find gaps unexplained in the prosecution case, which cast sufficient doubt as to leave the case short of the threshold of beyond reasonable doubt. IJDJHL , Volume-23 Issue-1

It is undisputed that the deceased was in a position to speak up until six days prior to her death when she was put on life support. Yet the non-recording of the deceased’s statement in the presence of the Magistrate or actual ascertainment of her fitness to make statements by doctors remains unex...

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