Thursday, September 16, 2021

Circumstantial Evidence and its Value with prominent case Laws......

 



Circumstances sometimes speak as forcefully as does direct evidence

What is Circumstantial Evidence:-

‘Circumstantial Evidence’ includes all the relevant facts. It is not secondary evidence; it is merely direct evidence applied indirectly.

How it help to the Court to reach on fair Decision :-

It allows the court to make some assumptions or some inferences that bring it very close to being able to define other facts which are directly related to the chain of the course of action.

Supreme Court About Circumstantial Evidence :-

The Hon'ble Apex Court, has time and again established by way of judicial pronouncement that in cases of circumstantial evidence the entire chain of evidence has to be proved beyond reasonable doubt and if any of the evidence collected against the accused is not proved beyond reasonable doubt the entire chain of evidence goes and it is highly unsafe to rely upon such evidence. The law laid down on circumstantial evidence is very clear.

Standard of Proof Required :-

The standard of proof required to convict a person on circumstantial evidence has now well settled by the Apex Court in a series of decisions. In this context, I may quote the following judgments:

(i) Sharad Birdhichand Sarda Vs State of Maharashtra (1984) 4 SCC 116

(ii) Balwinder Singh Vs State of Punjab (1987) 1 SCC 1: 1987 SCC (Cri) 27: AIR 1987 SC 350

(iii) Dhananjoy Chatterjee Vs State of W.B. (1994) 2 SCC 220: 1994 SCC (Cri) 358

(iv) Laxman Naik Vs State of Orissa (1994) 3 SCC 381: 1994 SCC (Cri) 656

(v) Brijlala Pd. Sinha Vs State of Bihar (1998) 5 SCC 699: 1998 SCC (Cri) 1382 The Hon'ble Supreme Court in 'Sharad Birdhichand Sarda v State of Maharashtra, 1984 Supreme Court Cases (Cri) 487', which is a leading authority on circumstantial evidence, provided the conditions which must be fulfilled in order to arrive to the conclusion and the said conditions are mentioned as under:

(i) the circumstances from which the conclusion of guilt is to be drawn should be fully established.

It may be noted here that this Court indicated that the circumstances concerned 'must or should' and not 'may be' established. There is not only a grammatical but a legal distinction between 'may be proved' and "must be or should be proved".

Certainly, it is a primary principle that the accused must be and not merely may be guilty before a court can convict and the mental distance between 'may be' and 'must be' is long and divides vague conjectures from sure conclusions.

(ii) the facts so established should be consistent only with the hypothesis of the guilt of the accused, that is to say, they should not be explainable on any other hypothesis except that the accused is guilty.

(iii) the circumstances should be of a conclusive nature and tendency.

(iv) they should exclude every possible hypothesis except the one to be proved, and

(v) there must be a chain of evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probability the act must have been done by the accused.

Conclusion :-

Hence it can be said that - The circumstances from which the conclusion of the guilt is to be drawn have not only to be fully established but also that all the circumstances so established should be of a conclusive nature and consistent only with the hypothesis of the guilt of the accused and should not be capable of being explained by any other hypothesis, except the guilt of the accused and that all the circumstances cumulatively taken together should lead to the only irresistible conclusion that the accused alone is the perpetrator of the crime.

 

The law laid down by the Hon'ble Supreme Court in 'Sharad Birdhichand Sarda v State of Maharashtra, 1984 Supreme Court Cases (Cri) 487' is still the law of land as of late the Hon'ble Supreme Court in the case of State Vs Rakesh 2013 [4] JCC 2464 retreated 'it is a settled law that criminal jurisprudence begins with the presumption that unless otherwise proved the person facing the trial would be deemed to be innocent. The burden to prove the charge against the accused is on the prosecution.

 

The prosecution, if fails to connect the act of the accused with the ultimate crime and where the material links constituting the evidence are found missing then the benefit of the same goes in favour of the accused. Also, in a case based on circumstantial evidence, the settled legal position is that the circumstances from which the conclusion of guilt is drawn should be fully proved and there should be no gap left in the chain of evidence. Further, it was also the proved circumstances must be consistent only with the hypothesis of the guilt of the accused and totally inconsistent with his innocence.

 

Friday, September 10, 2021

CPC Amendment in Pleading (Order 6 Rule 17)

 Amendment in Pleading (O6 R17)

Rule 17 - Any Party - Court--- Permit ---- Amendment

Provided : - After commencement of trial shall not allowed. Unless the court deems fit  that in spite of due diligence, the party could not have raised the matter before the commencement of Trial. 

Rule 18 -  where party fails to amend as per directed by the order or where not directed then with in 14 days, the shall not be permitted to amend. 


Object of Amendment :- 

                                        Daleep Kaur Vs. Major Singh

  1.      Interest of Justice
  2.       Which is necessary for determination of fact in issue between the party.
  3.       To Avoid Multiplicity of suit.
  4.      Such amendment must not affect adversely to other party 

Compulsory Amendment given in Order 6 Rule 16
Voluntary Amendment Given in Order 6 Rule 17

Striking out of pleadings R-16 ( Compulsory Amendment ) 

  •  At any Stage
  •  It may be unnecessary, scandalous, frivolous or vexatious, or 
  •  It tend to prejudice , embrrass or delay the fair trial of the suit, or 
  •  it would be the abuse of the process of the Court. 


Circumstantial Evidence and its Value with prominent case Laws......

  Circumstances sometimes speak as forcefully as does direct evidence What is Circumstantial Evidence:- ‘Circumstantial Evidence’ includ...