Digest Of Supreme Court Cases

The aforesaid provision is founded on the maxim, actus non reum facit nisi mens sit rea, i.e., an act does not constitute guilt unless done with a guilty intention. It is a fundamental principle of criminal law that there has to be an element of mens rea in forming guilt with intention. A person of

Evidence of child witness cannot be rejected merely because of her age being 12 yrs, but being a child witness, her evidence needs a very careful evaluation with greater circumspection considering the fact that a child witness can always be easily tutored. In the instant case, the   manner   in   which   the   minor   witness identified the

something which is very apparent or gross on the face of the record, on the basis of which, the Court can arrive at a prima facie satisfaction that the conviction may not be sustainable. The Appellate Court should not reappreciate the evidence at the stage of Section 389 of the CrPC and try to pick

Ingredients of offences under Ss. 364 and 364-A and distinction between them, clarified. Section 364. Kidnapping or abducting in order to murder. Whoever kidnaps or abducts any person in order that such person may be murdered or may be so disposed of as to be put in danger of being murdered, Section 364A further adds to

A breach of contract does not give rise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction. noting   that   the   present   dispute   is   entirely   with   respect   to property and more particularly buying and selling thereof a perusal of the record in no uncertain terms reflects the dispute as being of a civil nature. Further, merely the allegation of

In this case, the High Court found one link in chain of circumstances to be missing and not proved. In a case of circumstantial evidence, the chain has to be complete in all respects so as to indicate the guilt of the accused and also exclude any other theory of the crime. The law is

“In the present case, we find neither the chain of circumstances to have been completely established nor the guilt of the accused alone, having committed the crime to be proven, much less beyond reasonable doubt. This Court has stated essential conditions that must be fulfilled before an accused can be convicted in a case revolving around