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Live Streaming: High Court of Chhattisgarh Establishment Day Celebration and Virtual Inauguration of Newly Constructed Lawyer's Hall at District Court Dhamtari & Civil Court, Kurud and Sub Post Office at District Court, Dhamtari on 01-11-2025 at 10:15 AM.

Latest AFR

1. A party must firstly exhaust the statutory alternative remedy available before approaching the High Court seeking redressal of any grievance.

2. Basic ingredients of both the offences i.e. S. 302 and S. 304-B IPC operates in distinct spheres, each require appreciation of evidence from the perspective relevant to the ingredients of the respective offence

3. Plea of demurrer is a legitimate procedural tool to challenge the legal sufficiency of a claim at the outset, which is confined to pure questions of law apparent on the face of the pleadings.

4. Scientific evidence, such as DNA profiling and fingerprint analysis, can reliably establish the identity of an accused and link them to a crime. When corroborated with circumstantial evidence, it helps form a complete chain of circumstances, supporting conviction beyond reasonable doubt.

5. Same treatment is required to be given to defence witness(es) as is to be given to the prosecution witness(es).

6. The scope of interference in an appeal against acquittal is very limited. Unless it is found that the view taken by the Court is impossible or perverse, it is not permissible to interfere with the finding of acquittal.

7. The evidence of injured witness cannot ordinarily be doubted on account of minor contradictions & omissions and conviction can be based upon such evidence subject to corroboration with other incriminating factors coupled with recoveries.

8. An accused cannot claim benefit of minor inconsistencies in the victim's statement when medical and forensic evidence corroborate the prosecution’s case, particularly where the victim's version has remained consistent throughout and inspires confidence and her evidence falls under the category of ‘sterling witness’.

9. Absence of a certificate of the treating Doctor with regard to mental fitness of the victim for recording the dying declaration, is a big lacuna on the part of the investigating agency and the said lacuna would definitely be beneficial for the accused as in absence of any such certificate, it would not be safe for the Courts to sustain conviction.

10. Medical professionals cannot be held criminally liable for medical negligence in absence of clear evidence showing lack of reasonable care expected in the profession.

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