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- In criminal cases, the prosecution must provide sufficient evidence to prove the defendant's guilt beyond a reasonable doubt; if they fail, charges may be dismissed. Insufficient evidence can arise from poorly conducted investigations, lack of eyewitness testimony, or failure to gather physical evidence linking the accused to the alleged crime.
People also ask
Are incriminating statements in a criminal trial inadmissible in evidence?
What is a 'evidence' in a criminal case?
Can a complainant prove a defendant is guilty without evidence?
What happens if a case has no supporting evidence?
May 25, 2023 · The Supreme Court recently set aside an order passed by the Bombay High Court which had discharged two murder accused persons, on the ground that the High Court did not refer to the evidence, in...
- SC
Failure to produce a certificate under Section 65B(4) of the...
- SC
Jul 13, 2024 · Under Section 169, if an officer in charge of a police station or a police officer conducting an investigation finds that there is no sufficient evidence or reasonable ground for forwarding the accused to a magistrate, they can release the accused on executing a bond, with or without sureties, to appear before the magistrate if required.
- Evidence of The Complainant
- How Is The Complainant’S Evidence Given to The Court?
- How Can Such Evidence Be Challenged?
A complainant is considered a witness to the offence that has been committed against them. Their account of what they say happened is their ‘evidence’ and it is for a court to decide whether it believes beyond reasonable doubt that the complainant is telling the truth or that the defendant is guilty. It is hard to argue against the rationale for ch...
The usual process is that the complainant attends court on the trial date and gives their evidence by answering questions asked by the prosecution lawyer. Complainants then must face the questions or ‘cross examination’ of the defending solicitor or barrister. The defendant will also be given a chance to put forward their side of the story but must...
A defence lawyer adept at cross-examination is often able to expose false accounts given by complainants. However, in these cases, the defendant’s account takes on greater importance. It is helpful in securing an acquittal if a defendant is able to give a coherent and reliable alternative account. If the defence is able to introduce some element of...
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Mar 20, 2018 · The Court held that the evidence was not clear so as to record a finding of guilt against the accused persons. Accordingly, the acquittal appeal filed by the State was dismissed and the order of acquittal of the accused persons passed by the trial court was upheld.
Mar 10, 2021 · Supreme Court: Answering the “hotly debated” question as to in what circumstances and categories of cases, a criminal proceeding may be quashed either in exercise of the extraordinary powers of the High Court under Article 226 of the Constitution, or in the exercise of the inherent powers of the High Court under Section 482 CrPC, the bench of In...
Sep 23, 2021 · In a criminal trial, incriminating statement made by the accused in certain circumstances or before certain officers is totally inadmissible in evidence. Such strict rules of evidence and procedure would not apply to departmental proceedings.
In criminal cases, the prosecution must provide sufficient evidence to prove the defendant's guilt beyond a reasonable doubt; if they fail, charges may be dismissed. Insufficient evidence can arise from poorly conducted investigations, lack of eyewitness testimony, or failure to gather physical evidence linking the accused to the alleged crime.
