A wife died under unnatural circumstances in Nigeria. Her mother moved an application under Section 311 seeking a) summoning of Dr. I. Yusuf [Department of Pathology, Aminu Kano Teaching Hospital] through High Commission of Nigeria or b) recording Dr. I. Yusuf’s evidence through video-conferencing, after issuing a commission for the purpose. Dr. I. Yusuf had […]
Read more "Section 311 of The Code of Criminal Procedure, 1973 II"My Lord, Mental Illness and Crime? Post-Conviction Mental Illness? “It is well acknowledged fact throughout the world that, prisons are difficult places to be in. Piare Dusadh v. King Emperor, AIR 1944 FC 1 has already recognized post-conviction mental illness as a mitigating factor. It must be recognized that insanity recognized under IPC and the […]
Read more "Review of Death Penalty XIII"My Lord, Supreme Court Quotations of Sherlock Holmes? One. “After all, an ordinary purchaser is not gifted with the powers of observation of a Sherlock Holmes.” [Parle Products, (1972) 1 SCC 618] My Lord, High Court Quotations of Sherlock Holmes? Some. “It would not require the penetrating intelligence of a Sherlock Holmes to realize in […]
Read more "Sherlock, Sherlock Holmes"Cases where the science involved, is highly specialized and perhaps even esoteric, the central role of an expert cannot be disputed [Ramesh Chandra Agrawal v. Regency Hospital Limited, (2009) 9 SCC 709]. Be that as it may, it cannot be forgotten that opinion evidence is advisory in nature, and Court are not bound by the […]
Read more "Science for Everyone: Superimposition Technique"Something mysterious inside me silently tells, every exit is an entrance to somewhere else. “The instant case rests on circumstantial evidence. There cannot be any dispute as to the well-settled proposition that the circumstances from which the conclusion of guilt is to be drawn must or “should be” and not merely “may be” fully established. […]
Read more "Review of Death Penalty XII"“There can be no conviction on the basis of surmises and conjectures or suspicion howsoever grave it may be. Strong suspicion, strong coincidences and grave doubt cannot take the place of legal proof. The onus of the prosecution cannot be discharged by referring to very strong suspicion and existence of highly suspicious factors to inculpate […]
Read more "Guesses & Conjectures II"“We have minutely considered and gone through the entire evidence on record, as it is a case of Capital Punishment and Death Penalty. The crime is committed with extremist brutality and the collective conscious of the society would be shocked. All the family members were done to death in a diabolical and dastardly manner. We […]
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