Topic

interested witnesses

3 articlesLatest May 2026
Absence of Mens Rea | Quashing FIR in Visitation Dispute Under BNS : Calcutta HC
Case Law Analysis
|Calcutta High Court

Absence of Mens Rea | Quashing FIR in Visitation Dispute Under BNS : Calcutta HC

Calcutta HC quashed criminal proceedings against a father accused of assault during court-ordered visitation, ruling that the FIR lacked credible evidence of criminal intent (mens rea) and suffered from unexplained delay. The judgment reinforces that visitation disputes cannot be criminalized without clear proof of wrongful intent, protecting parents from abuse of process under Bharatiya Nyaya Sanhita (BNS).

Section 364 IPC | Conviction Based on Interested Witnesses & Last Seen Theory Requires Corroboration: Patna HC Acquits Accused
Case Law Analysis
|Patna High Court

Section 364 IPC | Conviction Based on Interested Witnesses & Last Seen Theory Requires Corroboration: Patna HC Acquits Accused

Patna High Court sets aside conviction under Section 364 IPC, ruling that reliance solely on interested witnesses and the last seen theory-without forensic or independent evidence-fails to prove guilt beyond reasonable doubt. The judgment reinforces the need for corroborative evidence in circumstantial cases to prevent miscarriage of justice.

Section 302 IPC | Absence of Forensic Evidence & Reliance on Interested Witnesses Vitiates Murder Conviction : Calcutta HC
Case Law Analysis
|Calcutta High Court

Section 302 IPC | Absence of Forensic Evidence & Reliance on Interested Witnesses Vitiates Murder Conviction : Calcutta HC

The Calcutta High Court acquitted 17 appellants in a murder case, ruling that convictions cannot stand on contradictory, politically motivated testimonies alone, especially when forensic evidence like firearms or ballistic reports is missing. The judgment reinforces that uncorroborated Section 164 CrPC statements and inquest reports are insufficient to establish guilt beyond reasonable doubt.