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Category: Relevance and absence of motive

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Relevance and absence of motive

Nandu Singh v. State of Madhya Pradesh 2022(3) ACR 2328

ISSUE:

Whether the absence of a motive and insufficient circumstantial evidence such as ‘last seen’ warrant acquittal of charges under S. 302 and S.201 IPC?

RULE:

The prosecution must make a complete chain of events with clear, cogent and consistence evidence to establish the accused’s guilt and eliminate innocence.

The complete absence of motive in a case is a factor in favour of the accused.

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Categories
Relevance and absence of motive

Nathuni Yadav and Ors. v. State of Bihar and Ors. [(1998) 9 SCC 238]

ISSUE:

Whether the witness statements identifying the appellants in a dark night is admissible under Section 157 of the Evidence Act?

RULE:

For evidence to be admissible under Section 157 of the Evidence Act, the time interval between the incident and the utterance of the statement should be so short so as to not afford occasion for reflection or even contemplation.

Absence of a strong motive does not free one from the charges or their involvement. Motive is an emotion and does not need to be proportionally grave to commit grave crimes.

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