Evidence Act, 1872, Section 45 -- Handwriting expert - Comparison of signatures with signatures obtained in open Court instead of his admitted signature of contemporary period - Application rightly dismissed...........
Criminal Procedure Code, 1973, Section 239 -- Discharge - At the stage of considering discharge application, Court should not enter into appreciation of evidence to verify if the defence plea can be established by accused or not...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder - Last seen evidence - Burden of proof - Appellant was last seen dragging deceased to his house - In view of S.106 of Evidence Act, burden is on appellant to prove as to how incident occurred at his residence - However, he has miserably failed to discharge the onus - Conduct of appellant..........
Evidence Act, 1872, Section 32 -- Dying declaration - Dying declaration is an important piece of evidence and conviction can be made by relying solely on a dying declaration alone as it holds immense importance in criminal law - However, such reliance should be placed after ascertaining quality of dying declaration and considering entire facts of a given case...........
Evidence Act, 1872, Section 32 -- Dying declaration - Where dying declaration is suspicious, it is not safe to convict an accused in the absence of corroborative evidence...........
Evidence Act, 1872, Section 32 -- Dying declaration - Where deceased has been changing her stance and has completely turned around her statements, such a dying declaration cannot become sole basis for conviction in the absence of any other corroborative evidence...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Dying declarations - Deceased had given two statements which are totally different from her subsequent statements including statement made before Magistrate which is considered a dying declaration based on which appellant has been convicted - Where deceased has been changing her stance and has..........
Indian Penal Code, 1860, Section 366A -- Offence u/s 366-A IPC - Prosecution is required to prove through cogent and reliable evidence that victim girl under the age of 18 years was induced to go from one place to another with the intention that such girl may be forced or seduced to have illicit intercourse with another person - However, evidence available on record does..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Jurisdiction of Court is a mixed question of law and fact - Plaint should not ordinarily be rejected on the ground of jurisdiction without framing a distinct issue and taking evidence...........
Criminal Procedure Code, 1973, Section 227 -- Discharge - Murder - Entire case of prosecution is based on circumstantial evidence mainly on the Call Details Record (CDR) of wife of petitioner - Said Call details indicate that calls were made to the phone number of prime accused before and after the incident alleged in the FIR - Charge-sheet reveals that statement of wife..........
