Renukaswamy Murder Case | Witness Speaking Against Prosecution In An Unguarded Moment Not 'Hostile': Darshan To Karnataka High Court

The Karnataka High Court on Wednesday (August 12) reserved its orders on a crucial legal question arising in the Renukaswamy murder case involving actors Darshan and Pavitra Gowda—whether the prosecution can cross-examine its own witness under Section 154 of the Indian Evidence Act, 1872, without first having the witness declared hostile.A single judge bench of Justice M. Nagaprasanna heard...

WhatsApp Messages Inadmissible Without Section 65B Certificate, Oral Evidence Cannot Cure Defect: Patna High Court

The Patna High Court has held that WhatsApp messages relied upon as electronic evidence cannot be read in evidence without the mandatory certificate under Section 65B(4) of the Indian Evidence Act. It added that oral evidence cannot cure the absence of the statutory certificate.A Division Bench of Justice Bibek Chaudhuri and Justice Rana Vikram Singh made the observation while setting aside...

How Should A Test Identification Parade (TIP) Be Conducted? Allahabad High Court Explains Step-By-Step Procedure

The Allahabad High Court last week elaborately explained the step-by-step procedure governing the conduct of a Test Identification Parade (TIP).The bench clarified that such an identification parade must strictly comply with the safeguards prescribed under the UP Police Regulations and the UP Jail Manual, as any unexplained delay or procedural lapse seriously undermines their...

Reliable Dying Declaration Alone Can Be Basis For Conviction: Allahabad High Court Affirms Life Sentence Of 2 For Setting Woman Ablaze

The Allahabad High Court last week affirmed the life sentence awarded to 2 women for killing a married woman by setting her ablaze while observing that a dying declaration which is voluntary, truthful and recorded when the maker is in a fit state of mind can, by itself, form the basis of conviction.A Bench of Justice Rajesh Singh Chauhan and Justice Pramod Kumar Srivastava thus dismissed...

Last Seen Theory Alone Cannot Sustain Murder Conviction: Allahabad High Court Acquits Three In 1996 Double Murder Case

The Allahabad High Court last week set aside the conviction of 3 men in a 1996 double murder case while observing that a conviction in a case based on circumstantial evidence cannot be sustained solely on the "last seen together" theory/evidence unless every link in the chain of circumstances is proved beyond a reasonable doubt.The Court found that in this case, the prosecution had failed...

Allahabad High Court Upholds Life Term Of Father, Brother In 'Honour Killing' Of 2 Minor Girls; Relies On Pre- & Post-Crime Conduct

The Allahabad High Court last week affirmed the conviction and life sentence of a father and his son for the 'Honour Killing' of 2 minor girls after finding the appellants' conduct before and after the commission of the crime to be "highly relevant" under Section 8 of the Indian Evidence Act, 1872.A Bench of Justice JJ Munir and Justice Vinai Kumar Dwivedi thus dismissed the criminal appeal...

Allahabad High Court Acquits Husband Sentenced To Life Term For Killing Wife In 1979, Cites 4-Year Delay In FIR

The Allahabad High Court on Thursday acquitted a man who had been sentenced to life imprisonment for the alleged murder of his wife in 1979 after finding that there was an unexplained delay of more than 4 years in lodging the FIR, coupled with contradictory medical evidence regarding the cause of death.Observing that the prosecution had not been able to establish the guilt of the...

Evidence Act | Section 27 Recoveries Alone Can't Sustain Conviction : Supreme Court Restores Acquittal In 1988 Murder Case

The Supreme Court on Tuesday (July 28) restored the acquittal of six men in a 1988 murder case, observing that recovery made under Section 27 of the Indian Evidence Act, 1872 (now Section 23 BSA) cannot, by itself, form the basis of a conviction unless the recovered material is clearly connected with the offence through independent evidence. A bench of Justice JB Pardiwala and Justice K...

WhatsApp Chats, Emails From Owner's Personal Device Can Be Proved Through His Own S.65B Evidence Act Certificate: Telangana High Court

The Telangana High Court has held that a party seeking to rely on emails and WhatsApp chats originating from their own personal device is not required to obtain a Section 65B certificate from an external or official authority. [2026 LiveLaw (Tel) 110]It held that the owner and manager of the device can furnish the certificate contemplated under Section 65B(4) of the Indian Evidence Act, 1872....

FSL Reports Must Disclose Scientific Data, Reasons : Allahabad High Court Recommends Forensic Reforms, Acquits Murder Accused

The Allahabad High Court has held that Forensic Science Laboratory (FSL) reports must disclose specific reasons and scientific data. It added that a report merely recording a conclusion without detailing the tests conducted or the criteria used is inadmissible in evidence. A bench of Justice Ajay Bhanot and Justice Divesh Chandra Samant made these significant observations while recommending...

'Mere Telephone Records Can't Prove Illicit Affair' : Supreme Court Upholds Acquittal Of Woman & 2 Men In Husband's Murder Case

Mere production of telephone records cannot substitute substantive proof of an illicit affair leading to murder, the Supreme Court has held while upholding the acquittal of a woman accused of murdering her husband along with her alleged lover and another co-accused in 2007. The Court ruled that the prosecution failed to establish an unbroken chain of circumstances necessary to sustain...

S.8 Evidence Act | From False NCR To Absconding: Allahabad High Court Weighs Man's 'Conduct' To Uphold Conviction For Wife's Murder

The Allahabad High Court (Lucknow Bench) on Wednesday upheld the life sentence of a man convicted of murdering his wife as it found his deceptive actions, like giving false assurances, lodging a false police report and eventually absconding, as “relevant conduct” under Section 8 of the Indian Evidence Act. A bench of Justice Rajnish Kumar and Justice Babita Rani thus dismissed the...