Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Ganja - Conscious possession - Proof - Bag and `Thaila' containing Ganja recovered at a public place - Evidence of prosecution witnesses shows that bag and `Thaila' were lying on ground - Some witnesses have stated that they were lying on benches - Panchnama has not been proved as both Panch witnesses have..........
Indian Penal Code, 1860, Section 304A -- Death of school children by drowning - Negligence - Accused teacher checked water level/depth and after fixing point asked children not to proceed beyond that point - Another teacher did not state single word about negligence on part of accused - Nothing stated by witnesses about recklessness/criminal rashness of accused in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 8 -- Recovery of 500 gm. of herion from a hotel room - Room was booked in the name of friend - Accused had come to meet his friend - Accused cannot be held to be in possession or conscious possession of contraband - Prosecution failed to prove identity of friend of accused - Acquittal - Order upheld...........
Indian Penal Code, 1860, Section 363, 366A, 376 -- Kidnapping and rape - Proof - Accused alleged to have forcibly taken prosecutrix to his relative's house and committed rape on her - Nothing on record to show that accused used force against her - Birth certificate issued on basis of entries in Pariwar Register not proved - Even original school leaving certificate not..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 42 - - Recovery of contraband - Acquittal - Validity - Independent witnesses did not support case of prosecution - It cannot be said that independent witnesses were interested to help accused persons unduly - Neither rukka was sent to police station nor recovery was effected from them on alleged place of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Opium - Chemical Analyst Report - Not conclusive - Things found positive are meconic acid and morphine but percentage of morphine not given and report did not state that contraband was the product of the papaver somniferum plant - On this ground alone accused is entitled to acquittal - Accused acquitted...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Negligence - Proof of - Acquittal of accused in criminal case - Effect on claim petition - Respondents/claimants have produced copy of FIR which is registered u/s.279/304A IPC - Significantly, FIR has been registered on 01.03.2000, i.e., on the date of accident and same has been culminated into acquittal of appellant No.2..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Judgment of acquittal can be reversed in compelling circumstances when findings recorded by the Court below are found to be perverse i.e. if the conclusions arrived at by the court below are contrary to the evidence on record, or if the court's entire approach with respect to dealing with the evidence..........
Indian Penal Code, 1860, Section 376, 306, Evidence Act, 1872, Section 32 -- Rape & abetment of suicide - Acquittal - Validity - Text of dying declaration does not suggest that rape had been committed forcibly or without consent of victim - Accused was nearly at least 5 years younger and he was not in a position to apply any force - Suicide was committed not because of..........
Evidence Act, 1872, Section 63, Indian Penal Code, 1860, Section 302 -- Murder - Appreciation of evidence - Unnatural conduct of witness - Murder - Daughter of deceased was eye-witness to occurrence - She informed her maternal grandmother that accused/mother-i, law of deceased had forcefully taken away deceased - Grandmother did not tell it to anyone for almost two days..........
