Protection of Children from Sexual Offences Act, 2012, Section 33(2), Evidence Act, 1872, Section 154 -- Victim turned hostile - Cross examination of victim - Victim under POCSO Act can be permitted to be cross examined by State once she turns hostile...........
Indian Penal Code, 1860, Section 379A, 411, 34 -- Offence u/ss 379-A, 411, 34 IPC - Conviction - Complainant in his cross-examination voluntarily stating that prior to lodging FIR he was not acquainted with names and identities of accused only after his seeing a footage of CCTV cameras as were installed at place of occurrence - However, best electronic evidence did not..........
Criminal Procedure Code, 1973, Section 311 -- Recall of PW for cross-examination - Accused charged with serious offence u/ss 498-A, 323, 376, 504, 506 IPC and Ss.3, 4 of Dowry Prohibition Act - Therefore, accused must not be stripped of his valuable right of a fair and impartial trial, because it would be negation of concept of due process of law - One opportunity to cross..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - Complainant/PW1 is the only witness to alleged demand and acceptance - He did not state that accused reiterated her demand at the time of trap - His version is that on his own, he told her that he had brought the amount - In cross examination PW1 accepted that..........
Criminal Procedure Code, 1973, Section 161 -- Statement recorded u/s 161 Cr.P.C - Does not fall within ambit of evidence - Such evidence is only for confrontation in cross-examination - Statement recorded u/s 161 Cr.P.C being wholly inadmissible in evidence, cannot be taken into consideration...........
Civil Procedure Code, 1908, Section 151, Evidence Act, 1872, Section 137 -- Recall of plaintiff for cross examination - Defendant lacking in vigilance in conducting cross-examination of witnesses - However, default of defendant is not of such grave degree as to warrant action of depriving him of opportunity to cross-examine witnesses of other side - If defendant is denied..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of PWs for cross-examination - Sought by defendant who is stated to be the only contesting defendant - Application allowed subject to payment of cost - If the contesting defendant is not permitted to recall witnesses, the same would have adverse bearing on the case of said defendant thereby affecting merit of suit..........
Agreement to sell -- Specific performance - Defendant denied the execution of agreement to sell in his written statement - Scribe in cross examination stated that no money transaction took place before him - In these circumstances, one of the attesting witnesses should have been examined by plaintiff to prove agreement to sell but plaintiff failed to do so - Part of suit..........
Evidence Act, 1872, Section 3 -- Related and interested witness - Related witness cannot be termed as an interested witness per se - When evidence of related witness is clear, cogent and withstood the rigor of cross-examination, it becomes sterling, not requiring further corroboration...........
Evidence Act, 1872, Section 138, 139 -- Examination of witnesses - Direction issued viz. : (i) trial Courts shall endeavor to complete the examination of private witnesses both chief and cross on the same day as far as possible; (ii) trial Courts to take up examination of private witnesses first before proceeding with that of official witnesses...........