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Showing posts from May, 2023

Criminal Death Sentence reversed Appeal Allowed. Conviction Set aside

  CRIMINAL APPEAL NOS.1636-1637 OF 2023  (Arising out of SLP(Crl.) Nos.11009-11010/2015) 19th May, 2023  Prakash Nishad @ Kewat Zinak Nishad … Appellant  Versus  State of Maharashtra … Respondent The following issues arise for consideration in the present appeals :  1) Whether non-recording of a disclosure statement of the appellant in the language in which it is made and recording of the same in a language totally unknown to the appellant, contents 2 whereof are also not read over and explained to him, can be said to have caused any prejudice to the cause of justice?  2) Whether DNA evidence can form the solitary basis in determining the guilt of the appellant?  3) Whether the circumstances as identified and relied on by the prosecution indeed point to the guilt only of the appellant, closing out any and all other possibilities of any other person? n\ Pattu Rajan v. State of T.N.8,  as under;  “52. Like all other opinion evidence, the p...