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Results of non examination of material witness adverse inference against prosecution

Showing : 1-6 of 6 Results

ALLAHABAD HIGH COURT

Year of decision: 2017
Details

Indian Penal Code, 1860, Section 392, 506, Evidence Act, 1872, Section 114 -- Robbery - Non-examination of material witness - Adverse inference - Complainant failed to produce his son as witness in presence of whom accused looted Rs.22,000 from him - Adverse inference has to be drawn against complainant - Moreso, contradictions were shown in the statement of eye witnesses..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2015
Details

Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 995 gms opium - Star witness - As per prosecution story, accused being lady, her search was conducted by lady constable and contraband was recovered by her - But, lady constable not examined by prosecution - Most material witness of prosecution withheld by prosecution without assigning any..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2015
Details

Indian Penal Code, 1860, Section 376 -- Rape - Non-examination of material witness - Husband of prosecutrix was a very material witness as he was first person to whom prosecutrix disclosed the incident - Prosecution did not examine said witness - Non-examination of such a material witness raises adverse inference against prosecution...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2013
Details

Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Poppy husk - Recovery of 40 bags - Non examination of independent witness - Explanation of prosecution that he was won over - If that was the case prosecution could have cross examined him - Another material witness DSP, who was called to the spot and recovery was effect in his presence, also not examined..........

DELHI HIGH COURT

Year of decision: 2010
Details

Evidence Act, 1872, Section 3, 114 -- Non examination of material witness - Adverse inference - It is permissible inference and not a necessary inference - Non examination of material witness not fatal in every case - It is only in cases where there is an infirmity or doubt in the case set by the prosecution that non examination of material witness assumes significance...........

RAJASTHAN HIGH COURT

Year of decision: 2005
Details

Criminal Procedure Code, 1973, Section 311, 482 -- Summoning of Investigating Officer (IO) - Rejection of application for summoning of IO as Court witnesses - IO is a material witness in a criminal trial - Non-examination of a IO can lead to an adverse inference against prosecution - Reasoning that non-examination of IO is not fatal, erroneous - Directions given to summon..........

Showing : 1-6 of 6 Results