Showing posts with label Oral Assertions. Show all posts
Showing posts with label Oral Assertions. Show all posts

Thursday, April 6, 2023

S.328 of IPC : Principles for Conviction

 S.328 of IPC : Principles for Conviction 


An important Judgment was passed by Hon'ble Delhi High Court on 9 May 2017.

It has been commented in Mahinder Kumar v State [2017] GCtR 2968 (Delhi) thus: - 

"No witness is entitled to get better treatment merely because he was examined as a prosecution witness or even as a court witness. It is judicial scrutiny which is warranted in respect of the depositions of all witnesses for which different yardsticks cannot be prescribed as for those different categories of witnesses."

"in a case under Section 328 IPC mere oral assertions are not sufficient to hold an accused guilty of the offence. To hold an accused guilty for the offence, the oral assertions ought to be corroborated by other circumstances and evidence."


Kindly note that full text Judgments of Hon'ble Delhi High Court can be downloaded absolutely free of cost (without any charges except internet data) from the official website at the link 

https://delhihighcourt.nic.in/judgment

Then entering the date of Judgment, for example, as  9 May 2017.


Written by 

Vishal

Delhi

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