Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Appreciation of evidence - Complainant specifically stated in cross examination that accused filled cheque in his own writing and delivered same to him on different date but writing over cheque can be judged from naked eye that name of complainant firm and amount is not filled..........
Evidence Act, 1872, Section 118, Indian Penal Code, 1860, Section 376, 511 -- Testimony of child victim - Rape of 10 years old girl - Manner in which child victim narrated incident in Court testifies to her competency to depose - Answers given by child victim in response to cross-examination on behalf of accused shows that she had sufficient understanding and adequate..........
Criminal Procedure Code, 1973, Section 172(3), 161, Evidence Act, 1872, Section 145 -- Police Diary - Cross examination - Right of accused to cross-examine police officer with reference to entries in police diary is very much limited in extent and even that limited scope arises only when Court uses entries to contradict police officer or when police officer uses it for..........
Criminal Procedure Code, 1973, Section 172(3), 161, Evidence Act, 1872, Section 145 -- Police Diary - Cross examination - Court does not use police diary entries for purpose of contradicting police officer or if police officer does not use same for refreshing his memory, then question of accused getting any right to use entries even to that limited extent does not arise -..........
Evidence Act, 1872, Section 145 -- Cross examination - Consists of two limbs are: (i) Witness may be cross-examined as to previous statemnts made by him without such writing being shown to him; (ii) If it is intended to contradict him by writing, his attention must before writing can be proved, be called to those parts of it which are to be used for purpose of..........
Criminal Procedure Code, 1973, Section 172, 161, Evidence Act, 1872, Section 145 -- Police Diary - Cross examination - There is no scope to enable Court, prosecution or accused to use police dairy for purpose of contradicting any witness other than police officer, who made it...........
Criminal Procedure Code, 1973, Section 172, 161, Evidence Act, 1872, Section 145 -- Police Diary - Cross examination - Denial of right to accused to inspect case diary cannot be characterized as unreasonable or arbitrary - Confidentiality is always kept in matter of investigation and it is not desirable to make available police diary to accused on his demand...........
Criminal Procedure Code, 1973, Section 172, Evidence Act, 1872, Section 145 -- Police Diary - Cross examination - Neither police officer has refreshed his memory with reference to entries in police diary nor has trial court used entries in diary for purpose of contradicting police officer, it is not open for accused to produce certain pages of police diary obtained by him..........
Indian Penal Code, 1860, Section 364A, 114, Evidence Act, 1872, Section 118 -- Kidnapping of 7 years old boy for ransom - Testimony of child witness/victim - Victim narrated the entire sequence of events from his kidnapping till his recovery and could not be shaken in cross-examination - Evidence of child witness was corroborated by PWs - Testimony of victim natural and..........
Evidence Act, 1872, Section 138, Civil Procedure Code, 1908, Order 17, Rule 1(2)(e) -- Cross examination - Witness present in Court but other side not ready to cross examine the witness - Court can dispense with his cross examination - However, when a genuine and bona fide request is made for adjournment, instead of resorting to forfeiture of the right to cross examine,..........
