Criminal Procedure Code, 1973, Section 313 -- Examination of accused - Material appearing in cross-examination of prosecution witnesses - Not covered by scope of the provision - Questions based on such material ordered to be deleted from the statement of accused recorded u/s 313 of the Code...........
Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d)(ii) -- Illegal gratification - Allegation that accused demanded Rs.500 from complainant for electricity connection - However, complainant contradicted his own statement in cross-examination and stated that he has paid sum of Rs.500 to accused only towards outstanding loan amount - Moreover, there is..........
Evidence Act, 1872, Section 119 -- Deaf and dumb witness - Cross-examination - A party cross-examining a deaf and dumb witness like any other witness is required to act within the bounds of law and cannot be permitted to cross-examine the witness all and sundry on irrelevant questions...........
Protection of Children from Sexual Offences Act, 2002, Section 9(k), 10, 8 -- Nature of offence - Sexual assault on deaf and dumb girl aged 12 years - Testimony of prosecutrix through her sign language inspires confidence and is sufficient to prove the offence committed by accused - Prosecutrix stood by her complaint even in her deposition before Court and her testimony..........
Civil Procedure Code, 1908, Order 19, Rule 2, Evidence Act, 1872, Section 3 -- Affidavit - Cross-examination of deponent - Permissible only in case of affidavit filed by third parties and not to affidavits filed by parties to proceedings as affidavit filed in support of petition is not treated, as an affidavit filed by way of evidence...........
Indian Penal Code, 1860, Section 364A, 368, 344, 392, 120B -- Kidnapping for ransom - Wrongful restraint - Criminal conspiracy - Accused `D' has not been identified by victim in Court on more than one occasion - Victim in his cross-examination after seeing accused `D' only stated that "Aisa sa hi tha" - It is not the case of victim that his eyes were closed for the period..........
Evidence Act, 1872, Section 137 -- Cross examination - Aimed at eliciting truth and in the process, defence has every right to contradict the witness - But, if same is denied then the very object of cross examination will be defeated - Hence, defence has right to make every endeavor to impeach the credit of the witnesses as is permissible for truth to prevail...........
Evidence Act, 1872, Section 65B, 137, Criminal Procedure Code, 1973, Section 231 -- Electronic record - Cross examination - Production of memory card and CD to contradict one of the witness in cross examination with regard to their earlier statement by defence - Shall be taken on record with direction to produce them at time of taking defence evidence - Therefore, Court..........
Civil Procedure Code, 1908, Section 151 -- Correction of error in affidavit - U, signed affidavit - Court is duly vested with powers u/s 151 CPC to correct any error and if there is any mistake on the part of witness by not putting the signature on the affidavit, Court can certainly ask such person to do the needful - Moreover, objection to the same has to be pointed out..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 11 -- Murder - Plea of alibi - Prosecution proved its case from the circumstantial evidence on record and conduct of accused showing his motive to commit the murder of deceased - Post mortem report of deceased duly exhibited and proved even in the absence of Doctor having appeared in witness box - Plea of..........
