IMPROVE LEGAL LANGUAGE

Absconding in order to evade arrest
In light of such a situation
For sustaining conviction
The incriminating material stands fully established

Not able to furnish any explanation

Simply on score of absence of corroboration

No credence can be attached to such a recovery

Absence of motive puts the court on regard to scrutinize the evidence very closely to ensure that suspicion, emotions or conjecture do not take place of proof

Implicit reliance

Forced her to secure money from what parents

An innocent person may become panic stricken

tapes, cassettes are more susceptible to tampering and alterations by transposition, excision etc

Within all human probability that crime was committed by the accused and none else, and it should also be incapable of explanation on any other hypothesis than that of the guilt of the accused

The court has to be watchful and ensured that conjectures and suspicions do not take the place of legal proof

In the faction ridden society, where an occurrence takes place in a village involving rival factions it is but inevitable that the evidence would be of a partition nature

As to whether the accused arraigned at the trial is guilty of the crime with which he charged

Court has to judge the evidence by the yardstick of probabilities

They had withheld something material during investigation and embellished certain aspects during their deposition in the court

Whether the contradictions/omissions/improvements/embellishments etc. had been of such magnitude that they may materially affect the trial. Minor contradictions, inconsistencies, omissions or improvements on trivial matters without affecting the case of the prosecution should not be made the court to reject the evidence in its entirety.

Where the omissions amount to a contradiction, creating a serious doubt regarding the truthfulness of a witness

Inspire confidence

When the medical evidence is in consonance with the principal part of the oral/: evidence thereby supporting the prosecution story, there is no question of ruling out the ocular evidence merely on the ground that there are some inconsistencies or contradictions in the oral evidence

This flaw is occasioned by the fact

The standard to be applied for evaluating the evidence in the case of circumstantial evidence vis-a-vis an eyewitness account would very and a slightly different yardstick for assessment has to be applied

The Court should make every effort to disengage the truth from falsehood and to sift the gain from the chaff

She cannot give a very accurate and photogenic version as whole thing happened in a few minutes

Any amount of suspicion will not constitute legal evidence for sustaining a conviction

Discrepancies which do not go to the root of the matter and shake the basic version of the witnesses, therefore, cannot be annexed with undue importance

Neither wholly unacceptable nor wholly impeccable

As a matter of abundant Caution, refrain from accepting the uncorroborated, infirm testimony of the witness, and they caught the appellant the benefit of doubt and acquit him.







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