Evidence Act, 1872, Section 154 -- Hostile witness - Testimony of a hostile witness can be relied upon by prosecution as well as defence...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15 -- Recovery of 1 kg poppy husk - Where independent witnesses did not support prosecution case and turned hostile, recovery can be proved with the help of official witnesses - As recovery officer proved the entire proceedings without any doubt, evidence cannot be discarded merely because said witness being..........
Prevention of Corruption Act, 1988, Section 7, 13(2) -- Illegal gratification - Mere fact that complainant and shadow witness turned hostile is itself no ground to record acquittal of accused - As it is not necessary that demand and acceptance of bribe must be proved by direct evidence - Same can be established from circumstantial evidence available on record...........
Prevention of Corruption Act, 1988, Section 7 -- Illegal gratification - Accused demanded and accepted Rs.3000 as illegal gratification from complainant for disbursement of remaining loan amount - Recovery of tainted currency notes from possession of accused, established by cogent and consistent testimonies of official witnesses - Accused had not given any explanation as..........
Evidence Act, 1872, Section 154 -- Hostile witness - Benefit of doubt - Required to be given to accused only if reasonable doubt emerges out from the evidence on record - Merely for the reason that witness has turned hostile in his cross examination, the testimony in examination-in-chief cannot be outrightly discarded provided the same (statement in examination-in-chief..........
Indian Penal Code, 1860, Section 302, 506(2), 34 -- Murder - Solitary evidence of complainant - Injury by fire arm from back side and with close range - Occurrence has been witnessed by complainant as well as two other witnesses but they both declared hostile - Complainant is trust worthy witness as his statement is fully in consonance with version of FIR and is..........
Evidence Act, 1872, Section 138, 154 -- Case scuttled in cross examination - Permission not sought to get the witness declared hostile so as to cross examine or re-examine the witness - Facts spoken in cross examination remained uncontroverted - Held, facts spoken in cross examination when remain uncontroverted are liable to be taken into consideration...........
Prevention of Corruption Act, 1988, Section 7, 13, 4 -- Illegal gratification - Presumption - Accused while posted as driver and TVF demanded Rs.25,00 as illegal gratification for disposing of challan without having any authority - Only an amount of Rs.2,500 as composite fee imposed on complainant however actual fee is Rs.5,100 - Feeble attempt was made to connect..........
Indian Penal Code, 1860, Section 307, 323, Arms Act, 1959, Section 25(1B)(a) -- Attempt to murder - Prosecution alleged that accused fired upon victim by pistol from very short distance due to which gun shot injuries were sustained by victim on his neck - Medical report shows that injuries sustained by victim were simple in nature - Doctor did not find any characteristic..........
Evidence Act, 1872, Section 154 -- Hostile witness - A party will not normally be allowed to cross-examine his own witness and declare him hostile unless Court is satisfied that statement of witness exhibits an element of hostility or that he has resiled from a material statement or it is satisfied that witness is not speaking the truth - Court committed error while..........
