Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A, Criminal Procedure Code, 1973, Section 439 -- Bail - Filing of charge sheet without chemical examination report - Chemical Examination Report is most vital piece of evidence which is required to be made part of charge sheet - Mere statement of filing of a supplementary charge sheet upon obtaining Chemical..........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused - Law as to: (i) It is the duty of Trial Court to put each material circumstance appearing in the evidence against accused specifically, distinctively and separately - The material circumstance means the circumstance or the material on the basis of which the prosecution is seeking his conviction; (ii)..........
Indian Penal Code, 1860, Section 420, 406 -- Cheating - Quashing of FIR - Petitioner acted as a mediator for fixing of marriage by providing contact details of both parties to each other - Petitioner not related to any of the parties - Respondent No.1 in her supplementary statement, for the first time, stated that petitioner cheated them by exploiting her father..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Incident occurred admittedly during night time - It is the deceased who went nearer and accused were not stationing themselves waiting for his arrival - Eye witness/PW6 improved his case on many occasions - Testimony given by PW6 on dying declaration, a case inserted by him in his supplementary..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(5A) -- Offence u/s 3(2)(5-A) of the Act - Caste aspersions made against complainant surfaced for the first time after 28 days delay of incident in supplementary statement u/s 161 Cr.P.C - Whereas, in FIR as also in earlier statement recorded u/s 161 Cr.P.C, there was no reference of..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Re-issuance of Commission - Commissioner appointed before filing of written statement - Defendant disputed the identity of property in written statement - No prejudice will be caused to the defendant, in the re-issuance of Commission - Report of Commissioner may be of use to decide the issue in the suit and to avoid lengthy..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 380, 457 -- Bail - Offence u/ss 380, 457 IPC - Petitioner was not named in the FIR - He was arrested on basis of supplementary statement on basis of CCTV footage - However, there is no mention of CCTV footage in initial FIR - Even photographs of CCTV footage show a man with a muffled face - Trial..........
Indian Penal Code, 1860, Section 363, 376(2)(i), Protection of Children from Sexual Offences Act, 2012, Section 4 -- Kidnapping and rape - Evidence of victim - Victim was proved to be child on the date of incident within meaning of POCSO Act - She was giving two different versions regarding incident, which casts serious doubt about truthfulness of her version - Victim..........
Indian Penal Code, 1860, Section 302 -- Murder of daughter by father - Hostile witness - Mother of deceased/PW21 stated in her supplementary statement that her husband murdered her daughter by throwing her from the roof in naked condition - Deceased was not raped by anyone - There was no occasion for PW21 to falsely implicated her husband/accused, though she was declared..........
Criminal Procedure Code, 1973, Section 190(1)(b), Indian Penal Code, 1860, Section 420, 465, 467, 468, 471, 477A -- Cognizance of offence - Issuance of summons - Cheating - Illegal transfer of huge money - Case based on police report - Police filed second supplementary charge sheet and along with it, number of materials like statement of witnesses, Bank statement of..........
