Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 302, 34 -- Bail - Murder - Accused in custody since 1.11.2022 - Charge framed in the year 2024 - Not a single witness examined till date - If right of speedy trial is infringed then howsoever serious the crime may be, Court may consider the plea for bail appropriately - Bail granted...........
Evidence Act, 1872, Section 137, 138 -- Re-examination - Re-examination of any witness is a right of party as well as right of Court to be done at the end of cross-examination...........
Indian Penal Code, 1860, Section 498A, 406, 420, 384, 120B -- Matrimonial dispute - Roping in sisters-in-law - Complainant and witness could not prove the case against petitioners and the Court finds it somewhat unlikely that unmarried sisters-in-law, having nothing to gain and preparing for competitive examinations, would have harassed the complainant for dowry -..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - S.311 Cr.P.C. makes it manifest that filing of an application by Public Prosecutor is not a precondition for exercise of powers u/s 311 Cr.P.C...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Court has power to act suo moto and Court can exercise power if it is of view that circumstances warranting exercising powers u/s 311 Cr.P.C. exist - It is immaterial that circumstances have been brought to notice of Court by complainant or by any other person - Application at the instance of complainant..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Trial Court has passed the impugned order of allowing application after a proper analysis of relevant facts and circumstances of case on the basis of sound reasons - Filing and allowing of application u/s 311 Cr.P.C. cannot be said to be an abuse of process of law and there is no error or illegality in..........
Criminal Procedure Code, 1973, Section 311 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.348) - Recall of material witness for cross-examination - PW9 is stated to be an eye witness of occurrence - Denial of an effective opportunity to cross-examine a prime witness, particularly an eyewitness would amount to a palpable infraction of right to fair trial and would strike..........
Evidence Act, 1872, Section 114 -- Adverse inference - Non-appearance of plaintiff in the witness box - Presumption can always be drawn against him that case pleaded by him, is not correct - However, it is a rebuttal presumption - If said presumption is successfully rebutted by other cogent evidence on record, said presumption would not be material and applicable...........
Indian Penal Code, 1860, Section 376 -- Rape - Prosecutrix specifically named appellant who raped her as a result she suffered profuse bleeding and injuries - She was subjected to lengthy cross-examination by defence, but her testimony has gone unimpeached and witness candidly stood by her stand, accusing appellant being involved in commission of crime against her -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Comparison of handwriting on kacha parchies (slips) - Person whose handwriting is sought to be compared neither complainant nor accused - Specimen handwriting of person who has appeared in the witness box as a witness only, cannot be directed to give specimen handwriting...........
