Evaluation of evidence

Words "at any stage" used in sections 247-A and 265-K, Cr.P.C. include stages before or after framing of charge or after recording of some evidence

Only condition required to be fulfilled is adherence to principle of audi alteram partem, ensuring that both parties are heard and afterwards if Court considers that there is no probability of conviction of accused, it may take appropriate action

Provision of section 265-K, Cr.P.C. is designed to prevent unnecessary trials when conviction is unlikely

Available evidence, whether presented or pending, must be carefully evaluated to assess possibility of conviction

Evidence must be thoroughly examined rather than just briefly reviewed

Conscious application of judicial mind is mandatory for assessment of incriminating material collected during the course of investigation in order to test the same on the touchstone of "probability".

Sometimes little negligence or inefficiency may cause serious disaster and stern end results, therefore, at the time of appraising any act of misconduct contrasted with the penalty imposed by the management/department, the Service Tribunal is obligated to re-evaluate the evidence all-inclusive and then the inquiry findings with recommendations.

Sometimes little negligence or inefficiency may cause serious disaster and stern end results, therefore, at the time of appraising any act of misconduct contrasted with the penalty imposed by the management/department, the Service Tribunal is obligated to re-evaluate the evidence all-inclusive and then the inquiry findings with recommendations.

When there was sufficient evidence in favour of the prosecution version, and some evidence in favour of defence, the safest course open for dispensation of justice was, that the matter be left for the Trial Court to evaluate the evidence of prosecution as well defence, and then form its opinion about guilt or innocence of accused.

Court of appeal should be more conscious in evaluating evidence in case of hearing appeal against acquittal, as against the case where appeal against conviction was heard

More weight was to be given to the judgment of acquittal as double presumption of innocence was attached with the case of hearing appeal against acquittal, also the parameters for appraising evidence while hearing appeal against acquittal were totally different from that of hearing appeal against conviction.

Court while deciding (pre-arrest bail) petition could examine the accusations, report of investigating agency and even touch upon the merits of the case.

Court could look into and evaluate mala fides from facts and circumstances of the case.

S. 302-[Murder-case]-Evaluation of evidence-Inquest report-Contention that presence of pitcher carried by deceased being not mentioned in inquest report eye-witnesses account not worthy of belief-Presence of broken pieces of pitcher though not recorded in inquest report yet fact fully supported by evidence of a witness and such witness not put a single question on point-presence of pitcher also supported by Investigating Officer in his statement Recovery of pitcher as evidenced by recovery memo and supported by witnesses, held, cannot, ,in circumstances, be doubted[Evidenced].