Criminal Case

National Judicial Policy provides specific time period, mechanism and guidelines for decision of the civil as well as criminal matters and have binding effect which should be strictly followed and complied with by all the courts of the country

Delay in disposal of criminal cases, particularly in bail matters, is mostly observed by the High Court due to non-cooperation of relevant stakeholders of justice sector

At numerous occasions the courts have tried its level best to realize strict compliance of the National Judicial Policy to the justice sector stakeholders for fulfilling their legal obligations towards the expeditious disposal of bail applications, but sometime of no fruitful result

In case of lawyers, the Bar Council being the regulatory authority of legal fraternity may make adherence towards showing their interest in the early disposal of bail applications

In case, particularly, when the bail before arrest matter is unnecessarily adjourned by the accused or by the complainant, the concerned court shall submit report qua reason of delay to the Chief Justice of the High Court through the Additional Registrar (Judicial) and shall also provide detail of order-sheets.

Precedent had no universal application in criminal case because each case was to be dealt with in its own facts and circumstances.

Findings and observations in a criminal case do not have the force of precedent until and unless some law is interpreted or a rule of law is enunciated; reason being that seldom the facts and circumstances in two criminal cases are identical and thus, the normal rule in criminal cases is that generally the findings and observations are confined to the criminal case in which they are given or made.

Rule laid down in a certain criminal case cannot be applied universally as every case proceeds on its own facts and circumstances which would hardly resemble with the diverse facts of the precedent case in which the dictum was laid down

Some foundation must also be laid down in the case for the application of the dictum in the earlier decided case.

Criminal case Question relating to evaluation of evidence-Cannot be raised in appeal before Supreme Court-Special Leave to Appeal-Refused.

Criminal Case Criminal Case-Counter-case-Practice and procedure-Simultaneous trial by same Judge, desirable-Record of one cannot be used in disposing of other - Risk of conflicting finding

Evidence.

When required. The rule requiring confirmatory circumstance in support of the testimony of a witness is applicable only when the evidence is somewhat tainted, and does not apply to the evidence of witnesses whom the Court believes to be truthful witnesses. Moreover, this rule is only a rule of prudence which is meant for the guidance of the Courts in cases where the Courts have a lurking suspicion that the evidence of the witness might not be true.

Art. 159-Criminal case-Order of retrial passed by High Court in appeal is not judgment. In a criminal trial the matter before the Court can be said to end finally only when there is either acquittal, discharge or conviction. A retrial does not decide the matter before the Court finally. It only suspends the judgment of the Court till evidence has been gone into.

-Criminal case-Appreciation-Application of mathematical formulae to be discouraged Facts of daily occurrence in criminal cases to be appreciated on basis of well tried principles embodied in statute and practice.

Revision-Criminal case-Limitation-Thirty days as a matter of practice though law provides no period.

Practice- Privy Council- Criminal case- Decision of Courts in India based on evidence-Not to be interfered with even though another tribunal might have come to a different conclusion.

Practice -Privy Council-Criminal case-Judgment of High Court based on evidence-High Court entitled to act upon that evidence-Decision not to be interfered with.