Legal Reference Library

Delhi High Court while reversing the acquittal of an Accused for an Offence U/S 354 of Indian Penal Code has held that there is no legal impediment in convicting a person on the sole testimony of a single witness. “That is the logic of Section 134 of the Evidence Act, 1872. But if there are doubts about the testimony, the courts will insist on corroboration. In fact, it is not the number, the quantity, but the quality that is material. The time-honoured principle is that evidence has to be weighed and not counted. The test is whether the evidence has a ring of truth, is cogent, credible and trustworthy or otherwise”.  Justice Sunita Gupta was hearing an appeal filed by the State against acquittal of Accused Pratap Singh @Krishna by  Metropolitan Magistrate (Mahila Court), South-East District, Saket Courts. Facts The complainant “X‟ had gone to gym where accused was an instructor. After 10.30 am, when all the girls from the gym had left, the respondent /accused came to her and ...

In a significant ruling, the Bombay High Court has held that legal heirs of a deceased convict are liable to pay fines and compensation, imposed by the trial courts, from the properties left behind by him. The judgement was delivered by Justice Shalini Phansalkar Joshi, who observed that death of a convict does not discharge him from the liability of paying fine and compensation imposed by court, and this amount can be recovered from the properties left behind by the deceased. The judge recently dismissed a petition filed by Shamim Sarkhot, a resident of Srivardhan in Raigad district of Maharashtra, praying that she cannot be compelled to pay the fine and compensation imposed by a court on her husband as she was merely a legal heir of a dead convict. Shamim’s husband, Saifuddin, was convicted by a magistrate in Srivardhan for not honouring a cheque issued by him to a local businessman in 2006. The trial court had ordered him to pay Rs 25,000 fine to the state government and Rs 2.85...