Indian Penal Code, 1860, Section 302, 34 -- Murder - Fire arm injury - Circumstantial evidence - Testimony of PW3, PW6 and PW15 - Neither PW3 nor PW6 identify any of accused - They did not depose that three policeman involved in the crime were those who were facing trial - Testimony of PW3 and PW6 is not of much help to prosecution case - As regarding testimony of PW15,..........
Evidence Act, 1872, Section 154 -- Hostile witness - Corroborated part of evidence of a hostile witness regarding commission of offence is admissible - Merely because there is deviation from statement in FIR, witness's statement cannot be termed totally unreliable...........
Will -- Suspicious circumstance - Five cases of forging documents pending against attesting witness of Will, making it sufficient to believe him as an unreliable attesting witness - Moreover, defendant in whose favour Will is alleged to be executed impleaded plaintiff in another litigation based on natural succession - Will in question thus, surrounded by suspicious..........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4, 6 -- Rape - Allegation that accused forcefully raped victim and she became pregnant and gave birth to child - Evidence on record fails to inspire confidence on the aspect of blood withdrawal of accused for purpose of DNA profiling - Victim appears to be closeting actual..........
Indian Penal Code, 1860, Section 302, 149, Evidence Act, 1872, Section 118 -- Murder - Competency of child witness - PW4/ son of deceased was 10 years old at the time of incident - He only knows Koya language and did not know Oriya language for which an interpreter was appointed - But Presiding officer has not preserved anything in record of questions put by him to PW4 and..........
Indian Penal Code, 1860, Section 302 -- Murder - Sole testimony of PW1 - Deceased was sleeping with her two sisters including PW2 in a room, but PW2 had not seen person who caused homicidal death of deceased in the night - Testimony of PW1 not corroborated by PW2 - Unusual conduct of PW1 in not asking anybody available inside room, leaves enough room to suspect his motive..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 25.500 kgs poppy husk - Discrepancies found in statements of witnesses regarding recovery and manner of procuring weighing scale - These discrepancies assume glaring significance as independent witness though joined in investigation but not examined during course of trial and even link evidence..........
Evidence Act, 1872, Section 27, Indian Penal Code, 1860, Section 302, 394, 34 -- Recovery of motorcycle - Murder and robbery - No evidence on record that motorcycle recovered at the instance of accused belongs to him - Even no attempt made by I.O to enquire about owner of vehicle - PW2, was the witness of seizure of motorcycle - According to him motorcycle was red in color..........
Indian Penal Code, 1860, Section 302, 394, 34 -- Murder and robbery - Circumstantial evidence -Recovery of cash - Cash is not traced back to deceased, as box from which articles were allegedly stolen is not recovered or seen by any witness - Even in FIR there is no averment of any article or money being stolen or lost - Therefore, when money allegedly recovered is being..........
Evidence Act, 1872, Section 3 -- Statement of PW - A statement of prosecution witness which is otherwise untrustworthy cannot be corroborated by another piece of unreliable evidence of another prosecution witness...........
