Indian Penal Code, 1860, Section 376 -- Rape - Non-examination of mother of prosecutrix and one `G' - When the evidence and material witnesses have clearly proved involvement of accused in commission of crime, accused cannot derive any benefit for non examination of mother of prosecutrix and one `G' who had also arrived at the place of occurrence...........
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..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Criminal Court is empowered to summon any person as a witness at the stage of inquiry, trial or other proceeding, provided that such summoning and examination are absolutely necessary for just decision of case - Such a decision taken by a Court of law normally shall not be interfered with, since Court..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(b), 22(c), 25, 27A, 29 -- Bail - Contraband - Petitioner is in judicial custody as an under trial prisoner for 3 years and 6 months - Prosecution intends to examine as many as 159 witnesses - Examination of 159 witnesses or even 50% of same is going to..........
Indian Penal Code, 1860, Section 302, 147 -- Murder - Related witnesses - Incident took place in the house of deceased and accused which was only witnessed by PW1/informant/wife of deceased who has been examined - Therefore, question of production of witness from vicinity does not arise, whose deposition finds full support from postmortem report - If murder is committed in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b)(ii)(C), 29(1) -- Contraband - Non-examination of independent witnesses is not by itself fatal to prosecution, particularly in prosecution under NDPS Act where operations often take place under challenging circumstances...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b)(ii)(C), 29(1) -- Contraband - Non-joining of independent witnesses - Evidence of official witnesses consistent and coherent - Their depositions corroborate each other on all material particulars and no material has been brought out in cross-examination to cast doubt on their credibility - Absence of..........
Protection of Children from Sexual Offences Act, 2012, Section 6, 5(m), 8, 7, 10, 9(f), 9(k), 9(m) -- Aggravated penetrative sexual assault - Victim girl who was deaf, mute and physically handicapped was less than 11 years of age - Medical examination of child reveals no injuries on child - Contradictions and inconsistencies in the oral evidence of witnesses irreparably..........
Railways Act, 1989, Section 124A -- Accident - Untoward incident - Compensation - Proceedings u/s 124-A of the Act are not criminal trials demanding proof beyond reasonable doubt, but welfare statues are governed by principles of preponderance and probabilities - Once the foundational facts of (i) possession or issuance of a valid ticket, and (ii) occurrence of an..........
Indian Penal Code, 1860, Section 376, 323, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Rape - FIR was lodged by victim's mother on the basis of information given by victim - Two witnesses have witnessed the alleged incident as per FIR but during course of trial they did not support prosecution version and turned hostile - Even victim herself did..........
