AIR Law Lines - Point Extract
(A)
Criminal
Preventive Detention
Subjective Satisfaction
Detention On Unproven Statement — Unsustainable
— Breach of public order — Charge of murder against detenu. Detenu already in custody. Satisfaction that there is likelihood of indulgence in similar activities prejudicial to maintenance of public order, upon release on bail. Detention on such unproven statement, not sustainable.
AIR Law Lines - Point Extract
(A)
Criminal
Criminal Laws (evidence)
Appreciation Of Evidence
Acquittal Of Accused — Evidence Of Witness Unreliable
— Murder — Accused allegedly shooting deceased resulting in her death. Eye-witness testifying about deceased rushing inside room and getting shot by accused. No blood stains or marks found inside room by Investigating Officer.Informant reaching spot shortly after incident, deposing about seeing dead body outside house in courtyard and not inside room. Reason for moving dead body outside house before arrival of police, unexplained. Testimony of eye-witness, unreliable. Guilt of accused not established. Accused entitled for acquittal.
J
J
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