Criminal Procedure Code, 1973, Section 293 -- Narco-analysis test - Report of a voluntary narco-analysis test with adequate safeguards as well in place or information found as a result thereof, cannot form sole basis of conviction of accused...........
Criminal Procedure Code, 1973, Section 293 -- Narco-analysis test - Accused has a right to voluntarily undergo a narco-analysis test at an appropriate stage - Appropriate stage for such a test to be conducted is when accused is exercising his right to lead evidence in a trial - However, there is no indefeasible right with accused to undergo a narco analysis test...........
Criminal Procedure Code, 1973, Section 293 -- Report of Handwriting expert - Issued by Scientist without examining expert not reliable...........
Criminal Procedure Code, 1973, Section 293 -- Report of Handwriting expert - Issued by Scientist without examining expert not reliable...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 293(4) -- Dishonour of cheque - Sending cheque and promissory note for expert opinion - Accused did not dispute the execution of cheque though disputed payment - However, accused did not dispute the promissory notes as well as endorsement of part payments on promissory notes - There is no..........
Criminal Procedure Code, 1973, Section 293(2) -- FSL Report - Cross examination of person who has submitted the report - Opportunity not granted - If a report is used as an incriminating piece of evidence against accused, he has got a right to challenge the same - Trial Court to call Director State Forensic Science Laboratory, for cross examination, by accused...........
Criminal Procedure Code, 1973, Section 293 -- FSL Report - Not admissible in evidence unless it is tendered in evidence and exhibited - However, in view of provision of S.293 Cr.P.C, it can be used as evidence without its formal proof...........
Criminal Procedure Code, 1973, Section 293 -- Report of Ballistic Officer - Report of a Ballistic Officer who is a Government scientific expert is although admissible u/s 293 Cr.P.C, but before placing reliance on such report, person facing trial has to be given full opportunity to challenge and rebut the report...........
Criminal Procedure Code, 1973, Section 293 -- Report of Ballistic Officer - Neither copy of report was supplied to accused nor contents of report were brought in evidence - Accused did not have opportunity to challenge report - Sessions Judge even omitted to put any question to accused in his examination u/s 313 Cr.P.C on basis of contents present in the report which were..........
Criminal Procedure Code, 1973, Section 293, Evidence Act, 1872, Section 45 -- Narco Analysis Test - When a Narco Analysis Test is conducted with intervention of some medication, when a person is not conscious and makes some revelations from sub conscious mind, credibility of that revelation stands far short of fact described under the Act...........
