Indian Penal Code, 1860, Section 302, 201 -- Murder - Conviction - Capital punishment - Appreciation of evidence - Defence counsel absent on crucial occasions including examination-in-chief and cross-examination of PW-1 - Even, statement of PW-2 recorded without presence of defence counsel - Moreover, accused`s examination u/s 313 Cr.P.C was improper, inadequate and..........
Evidence Act, 1872, Section 138 -- Cross-examination - Rape case - Incomplete statement of prosecutrix and complainant in the absence of their cross-examination is unworthy of credence - However, it assumes significance in view of discrepant statement made by prosecutrix and complainant in their chief examination...........
Indian Penal Code, 1860, Section 376, 511, 201 -- Rape - Neither prosecutrix nor complainant could be cross-examined - Incomplete statements of prosecutrix and complainant in the absence of their cross-examination could not be treated as legal evidence nor could be relied upon to fasten any criminal liability upon accused - Accused rightly acquitted...........
Evidence Act, 1872, Section 137, 3 -- Examination of witness - Examination-in-chief of witness without his cross-examination is incomplete statement of witness and is no evidence under the Evidence Act...........
Evidence Act, 1872, Section 137, 138 -- Re-examination - Can be allowed before completion of cross-examination - If in the midst of cross-examination, Court comes to conclusion that some new point has emerged and some document though exhibited in examination-in-chief is incomplete or has been left out inadvertently either by witness himself or due to lapse of Court,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Validity - Complainant failed to prove that amount as stated in complaint was advanced to accused and cheque in question was given towards discharge of such liability - Except oral evidence of complainant, he did not produce any evidence to show that he had sufficient fund to advance to..........
Link evidence -- Affidavit tendered - Deponent not produced for cross examination - Link evidence is incomplete - Affidavit cannot be taken into consideration as legally admissible evidence...........
Evidence Act, 1872, Section 3, 114 -- Defendant appeared as a witness - As his defence was struck off as such his statement discontinued and closed - Plaintiff had no opportunity to cross examine the defendant - Incomplete evidence cannot be treated as evidence and no adverse inference can be drawn due to absence of cross-examination...........
