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Results of evidence act

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SUPREME COURT OF INDIA

Year of decision: 2018
Details

Evidence Act, 1872, Section 138 -- Cross-examination - Murder case - A-6 had opportunity to cross-examine PW3 and PW4 on all the so called contradictions of these two witnesses - But he failed to avail the same and adopted cross-examination done by other accused and thus, gave up his right to cross-examination - Subsequently A-6 cannot be permitted to find fault in..........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Evidence Act, 1872, Section 32(1), Criminal Procedure Code, 1973, Section 161 -- Death of victim after three months of recording her statement u/s 161 Cr.P.C. - Such statement is relevant and admissible u/s 32 of Evidence Act...........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Indian Penal Code, 1860, Section 304(Part II), Evidence Act, 1872, Section 32(1) -- Offence u/s 304(Part II) IPC - Deceased had acid injuries as well as bomb blast injuries - He lost his eye sight and lost his right foot in acid attack - Injuries on the body of deceased fully support the prosecution case - Statement made by deceased u/s 161 Cr.P.C is admissible u/s 32 of..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15(c) -- Recovery of 10 kg poppy husk - Accused claiming parity with already acquitted co-accused - Case of accused is on identical footing with co-accused - It was co-accused who was driving vehicle in which contraband was carried, whereas accused was sitting in cabin - Entire evidence against accused as well..........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Prosecution case is that money was accepted and recovered from possession of co-accused who is already acquitted under the alleged offences - There is thus, no evidence to prove that accused directly accepted money from complainant - Both the accused already acquitted of charge u/s..........

DELHI HIGH COURT

Year of decision: 2018
Details

Indian Penal Code, 1860, Section 302, 397, Evidence Act, 1872, Section 3 -- Murder - Dacoity - Recovery of two bundles of currency notes of Rs.100/- at the instance of appellant from his house - Circumstantial evidence - Benefit of doubt - Recovery of currency bundles not proved by prosecution as being entrusted to deceased on date of incident - Prosecution witnesses..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Protection of Children from Sexual Offences Act, 2012, Section 6, Evidence Act, 1872, Section 118 -- Penetrative sexual assault - Child witnesses/victims - Child produced before Magistrate 3 days after incident - Magistrate declared her to be incompetent - A year later child gave a detailed account of incident, which was not possible unless she was tutored - Victim held,..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Protection of Children from Sexual Offences Act, 2012, Section 6, Evidence Act, 1872, Section 118 -- Penetrative sexual assault - Child witnesses/victims - Age of child was 4 years at the time of incident - Victim was produced before Magistrate 3 days after incident - Five days after incident mother of another child levelled similar charges against accused, who were..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Protection of Children from Sexual Offences Act, 2012, Section 6, Evidence Act, 1872, Section 118 -- Penetrative sexual assault - Child witnesses/victims - Identity of accused was in doubt, as there is no explanation why no identification parade was held - Both victims were counseled but prosecution failed to produce video/CD of counseling and held it back - Defence..........

RAJASTHAN HIGH COURT

Year of decision: 2018
Details

Evidence Act, 1872, Section 65 -- Secondary evidence - Photostat copy of document - Will being inadmissible as evidence for want of probate - Hence, its photostat copy/secondary evidence cannot be tendered in evidence - Rejection of application u/s 65 Evidence Act, proper...........

Showing : 941-950 of 11857 Results