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Supreme Court of India

Supreme Court Grants Bail in 27 kg Ganja Case, Citing Custody Period, Slow Trial and Article 21

  • The period already spent in custody and the time the trial is likely to take were weighed in favour of bail (para 5).
  • The Court kept in mind both Article 21 and the principle of Section 37 of the NDPS Act (para 5).
  • Bail conditions were left to the satisfaction of the trial court (para 6).
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Supreme Court of India

Supreme Court Acquits Man in Child Rape-Murder Case: Recovered Bones Were Male, Last-Seen Evidence Unproved

  • The last-seen theory is unsafe where no witness saw the accused with the victim and the remains surfaced six months later (para 9).
  • A Section 27 recovery from a spot ordinarily visible to others must be examined with care (para 9).
  • Forensic reports that cannot link the recovered remains to the victim cannot be used against the accused (para 9).
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Supreme Court of India

Unexplained Recording of Convenient Witnesses Dents Credibility: Supreme Court Upholds Acquittal in Double Murder

  • Where an investigating officer cannot explain why or when he recorded a witness with no reason to come forward, the witness may be treated as set up to create evidence (paras 41-46).
  • Failure to collect mobile tower locations in a last-seen case is a serious investigational lapse (paras 51-54).
  • Recovery of keys means little unless the lock produced in court is proved to be the one that locked the door (paras 58-65).
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