Prevention of Corruption Act, 1988, Section 13(1)(d), 20, Prevention of Corruption Act, 1988, Section 13(1)(d) -- Demand of bribe - Proof - Demand, acceptance and recovery proved - One witness not completely supported prosecution case and turned hostile in respect of demand of bribe - Held, same will not belie otherwise convincing and cogent testimony of shadow witness -..........
Evidence Act, 1872, Section 154 -- Hostile witness - In a criminal trial, credible evidence of even hostile witness can form the basis for conviction...........
Indian Penal Code, 1860, Section 302 -- Murder - Conviction - Sustainability - Link evidence missing - Deceased seen last not only with accused alone but another person was also present in same room - That person not examined by prosecution for reason best known to them - Child witness declared hostile - So-called extra-judicial confession, recovery of clothes of deceased..........
Evidence Act, 1872, Section 154 -- Hostile witness - A witness cannot be declared hostile when he gives unfavourable testimony in favour of the party calling him - He is hostile if he tries to injure the party's case by prevaricating or suppressing the truth or taking a inconsistent stand than what was taken by him at an earlier point of time...........
Evidence Act, 1872, Section 154, 3 -- Hostile witness - Evidentiary value - Held, evidence of 3 hostile witnesses can't entirely be discarded and can be used for limited purpose of corroboration of other evidence on record - Therefore, considering the evidence of independent eye-witnesses as well as evidence of 2 injured witnesses, statement given u/s 161 of Cr.P.C. by 2..........
Indian Penal Code, 1860, Section 302 -- Murder - Proof of - Paper pasted on a temple reveals minute details of the incident - Investigating officer did not recover dead body at initial stage of investigation - Recovery of weapon was doubtful - Investigating Officer did not investigate as to who was author of paper - Even he did not choose to go to the place where paper was..........
Evidence Act, 1872, Section 154 -- Hostile witness - Evidentiary value - Evidence given by hostile witness may contain elements of truth , therefore, entire evidence should not be brushed aside...........
Evidence Act, 1872, Section 154 -- Hostile witness - Evidence cannot be totally rejected - It can be subjected to close scrutiny and the portion of evidence which is consistent with the case of the prosecution or defence may be accepted...........
Evidence Act, 1872, Section 3, 154 -- Prosecution not getting a witness declared hostile - Means prosecution accepts statement of that witness...........
Indian Penal Code, 1860, Section 395 -- Dacoity in house of informant at night - Informant turned hostile - PWs4 and 5, eye witness of occurrence identified appellants who were participants in dacoity - Appellants were next door neighbour of informant - PWs4 and 5 admitted that they were either witnesses or accused in cases filed by accused persons or filed by family..........