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Results of independent witnesses

Showing : 361-370 of 731 Results

HIMACHAL PRADESH HIGH COURT

Year of decision: 2012
Details

Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Charas - Recovery of 380 grams from apple box kept in dickey of bus on which figure "28+1" was written connecting it to accused as accused was occupying seat No.28 having one item against it - Independent witnesses, bus driver and conductor turned hostile - Nothing on record to show who had written figure..........

KARNATAKA HIGH COURT

Year of decision: 2012
Details

Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b) -- Recovery of 145 grams of Ganja - Gazetted officer in whose presence Ganja was seized and independent witness turned hostile - Trial Court was of the opinion that it is improper to rely upon the interested testimony of official witnesses who are Police constable and PSI - Held, in an appeal against..........

KARNATAKA HIGH COURT

Year of decision: 2012
Details

Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b), 42, Criminal Procedure Code, 1973, Section 378 -- Contraband - Acquittal - Validity - Search and seizure - Gazetted Officer in whose presence `Ganja' was seized from person of respondent No.1 has turned hostile - Independent witness PW2 has also not supported the case of prosecution - Held,..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2012
Details

Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Non joining of independent witness - Recovery of poppy straw - Recovery made at bus stand which is a busy place and many witnesses from the public must be available - Non joining of independent witness fatal to the prosecution case - Accused acquitted on ground of benefit of doubt...........

SUPREME COURT OF INDIA

Year of decision: 2012
Details

Land Acquisition Act, 1894, Section 16 -- Acquisition - Mode of taking possession - (i) No hard and fast rule as to what act would constitute taking of possession of the acquired land; (ii) If the acquired land is vacant, the act of the concerned State authority to go to the spot and prepare a panchnama will ordinarily be treated as sufficient to constitute taking of..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2012
Details

Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Offence u/s 21 of the Act - Independent witness - Examination of independent witness is a rule of prudence and not of necessity - Deposition of official witnesses when reliable and credible the same not to be discarded merely on the ground on non examination of independent witness...........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2012
Details

Criminal Trial -- Testimony of official witnesses - Conviction - Held, in a case where independent witnesses turn hostile accused can be convicted on the basis of testimony of official witnesses but statements of official witnesses should inspire confidence and should not be inconsistent - If statements of prosecution witnesses do not inspire confidence then it is very..........

SUPREME COURT OF INDIA

Year of decision: 2012
Details

Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Only eye-witness - Son of deceased - Contention that he is highly interested person and his deposition should be discarded - Held, only because witnesses are not independent ones may not by itself be a ground to discard prosecution case - If prosecution case has been supported by witnesses and..........

SUPREME COURT OF INDIA

Year of decision: 2012
Details

Independent witness -- Non examination - By itself does not give rise to adverse inference against the prosecution - But, when evidence of eyewitnesses raises serious doubts on point of their presence at the time of actual occurrence, then, unexplained omission to examine independent witnesses would assume significance - However, in the instant case, prosecution proved its..........

RAJASTHAN HIGH COURT

Year of decision: 2012
Details

Criminal Procedure Code, 1973, Section 169, 319 -- Additional accused - Summoning of - Application was filed u/s 319 Cr.P.C mentioning therein that Five persons named in First Information Report, but even then police had not filed challan against them - No objection or application was raised before Magistrate concerned at the time of filing of challan requesting to take..........

Showing : 361-370 of 731 Results