Article 50(2) of the Constitution
Article 50(2) of the Constitution applies to the Accused person only.
Bail and Bond
Right to bail/bond is not absolute and when it could be restricted.
Bail and Bond
Balancing State interest vs Individual rights in bail/bond application.
Bail and Bond
Application of Strict scrutiny rule.
Bail and Bond
Criteria for granting or denying bail/bond.
Bail and Bond
Right to bail/bond is not absolute and when it could be restricted.
Bail and Bond
Guidelines to determine whether bail/bond is excessive.
Bail and Bond
Bail pending appeal.
Appeal against a conviction
One cannot appeal against a conviction on one's own guilty plea except to the legality of the plea.
Test for a defective charge sheet
The test is a substantive one and not a formalistic one
Overloading of Charge Sheet.
Preferably, no more than 12 counts should be laid in one charge sheet.
when can a retrial be ordered
A retrial can only be ordered where the court is convinced that conviction can be achieved
when can a charge be duplex
If they are two independent charges, one cannot be subsumed in the other
When can a retrial be ordered
Circumstances in which a retrial can be ordered.
Circumstancial evidence &inferring guilt
One should be sure that no other coexisting circumstance would weaken the evidence.
Proof beyond reasonable doubt
Prosecution must prove its case beyond reasonable doubt.
Dying declaration as evidence
No corroboration is needed for a dying declaration to support conviction.
Use of circumstantial evidence
Justification on use of circumstantial evidence.
Applying circumstantial evidence
Principles to determine whether circumstantial evidence is sufficient to sustain a conviction.
Relying on Circumstantial evidence
In cases of circumstantial evidence, there is always a danger that suspicion may replace legal proof
Relying on Circumstantial evidence
Total cumulative effect of all the proved circumstances must be conclusive in establishing guilt.
Doctrine of Last Seen
This doctrine must be corroborated so as to establish connectivity between accused and crime.
Relying only on Circumstantial evidence
Prosecution must prove motive on the accused to commit the offence.
Relying only on Circumstantial evidence
Suspicion, however strong cannot form a basis for inferring guilt, but purely based on evidence.
Conviction on Circumstantial evidence
Cumulatively should be so complete, in all human probability, accused committed the crime.
Ingredients of murder
malice aforethought causing death of another person by an unlawful act .
Circumstantial evidence
Circumstantial evidence is best evidence.
Accused burden of innocence
Law places no burden on him to prove his innocence.
Defense of Alibi.
By setting up alibi as defense accused does not assume burden of proving alibi.
Defense of Alibi.
It ought to be raised at the earliest opportunity.
Presumption of innocence
It is in favor of accused unless state proves otherwise beyond reasonable doubt.
Taking and recording of plea of guilt.
The procedure to be undertaken by the trial court when taking and recording an accused plea of guilt
Is a guilty plea unequivocal?
whether a guilty plea is unequivocal or not depends on the circumstances of the case.
Vitiating a guilty plea
Failure to warn accused on minimum sentence of a crime does not vitiate well recorded guilty plea.
Duplex Charge sheet.
Prosecution should not allege commission of more than one offence in a single charge sheet.
Fatally Defective Charge Sheet.
Test for a fatally defective charge sheet.
Test of a defective Charge Sheet.
Test for a defective charge sheet is a substantive one and not a formalistic one.
Preferring charges.
Prosecution has the powers and discretion when preparing the charge sheet and prosecuting.
Preferring charges.
Prosecution has the powers and discretion when preparing the charge sheet and prosecuting.
Objections to a charge sheet
Lawyers should raise objections to a charge sheet if they see likely prejudice.
Rejection of charges
Rejection of charges amounts to a discharge under Criminal Procedure Code.
Right to fair trial.
A charge sheet should give necessary information to accused to fulfill this right.
Pleading when a case starts denovo
Accused does not need to plead afresh when a case starts denovo.
Defective charge sheet
Amendment can be done by court at any stage of a trial before the close of the prosecution case.
Identification of documents.
Documents to be used during trial should be properly marked and listed to enhance convenience
Circumstantial evidence
Admissibility of circumstantial evidence
Circumstantial evidence
Conviction should be justified by total cumulative effect of all the proved circumstances.
Circumstantial evidence
Prosecution to establish motive as one of the chains linking the accused to the crime
Defence of alibi
Prosecution ought to dislodge the accused alibi defence as required in law.
Burden of proof
The law places no burden on a defendant to prove his innocence.
Defence of alibi
Defence of alibi should be raised at the earliest opportunity.