Protection of Children from Sexual Offences Act, 2012, Section 8 -- Sexual assault - Discrepancies in statements of crucial witnesses PW1 and PW2 - Refusal of medical examination of victim child also gains significance - Victim specifically stated that appellant had brushed his leg against hers but during her deposition before trial Court, 8 months later she failed to..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Version of wife is natural, cogent and inspires confidence in the mind of Court - Petitioner subjected her to cruelty which is proved on record - Slight discrepancies in her evidence while narrating dates of incident cannot be considered fatal to prosecution case, as she is a rustic village woman - Conviction upheld -..........
Consumer Protection Act, 1986, Section 23 -- Consumer complaint - Compensation/damages - Claim of compensation was for crores of rupees - Merely on basis of photocopies of documents placed on record by respondent, Commission has committed an error in awarding huge amount of compensation of Rs.2,00,00,000 which cannot be justified - Even discrepancies in photocopies..........
Indian Penal Code, 1860, Section 302, 147 -- Murder - Testimony of wife of deceased - Contradiction in the statement of PW1 is very trivial in nature, which cannot negate or demolish prosecution story - Even if there are some omissions, contradictions and discrepancies entire evidence cannot be disregarded - Undue importance should not be attached to omissions,..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Evidence adduced by prosecution suffered from material discrepancies and whole story put up lacked credence - Although alleged weapon of offence, licensed firearm belonging to co-accused was recovered, no endeavour appears to have been made to subject the same to expert ballistic examination in order to establish whether..........
Indian Penal Code, 1860, Section 354, 354A, Protection of Children from Sexual Offences Act, 2012, Section 8 -- Offence u/Ss.354, 354-A IPC and S.8 POCSO Act - Discrepancies in timing of incident - Where core evidence of victim remains unshaken in cross-examination, minor discrepancies in peripheral details do not affect credibility of her substantive account - Conviction..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Contraband - Independent witness - Material discrepancies in the statements of PWs with regard to recovery and other material aspects and only one independent witness was joined in the investigation - However, said witness was given up by prosecution being won over by accused - However, independent witness..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Contraband - Statements of PWs are contradictory on the material points as they differ regarding time of reaching at the spot, duration of time for which they had remained at the spot and when ruqa was sent - They also differ as to whether people were passing from there or not - These discrepancies assume..........
Will -- Suspicious circumstance - Discrepancies between original and certified copy of Will particularly minor handwritten additions such as words "ground floor" does not in any way affect validity of Will - These corrections are marginal in nature duly signed by testator and do not alter testator's intent - Hence, no suspicious circumstances surround these modifications..........
Indian Penal Code, 1860, Section 354, 457 -- Offence u/ss 354, 457 IPC - Evidence of PW2 is corroborated by PW3 and PW4/independent witness - Apart from certain minor discrepancies in evidence, no material contradictions affecting core of prosecution case have been brought out - There is also no case for accused that PWs 2, 3 and 4 has any scores to settle with him in..........
