Evidence Act, 1872, Section 6 -- Res gestea - Offence u/s 354 IPC - PW1, mother of victim does not claim to have seen the incident and she is a hearsay witness - However, testimony of PW1 would be relevant and admissible in evidence u/s 6 of the Act - Principle of res gestea would be applicable being part of same transaction, as she went to house of accused in search of..........
Indian Penal Code, 1860, Section 376, 506 -- Rape - Victim was 7 years old at the time of occurrence - Ocular evidence adduced on behalf of prosecution corroborated with medical evidence - Blood stained panty of victim and blood stained clay was proved - Statement of victim found trust worthy - Statement of parents of victim, who though not are eye witnesses, yet their..........
Evidence Act, 1872, Section 126 -- Evidence of Advocate against interest of his client - Not admissible u/s 126 of Evidence Act...........
Indian Penal Code, 1860, Section 499, 500 -- Defamation - Allegation that father has been living in adultery with married daughter/complainant is per se defamatory - Evidence tendered by mother is not admissible to prove that accused incorporated imputation in good faith in written statement - Accused thus, not entitled to protection u/s 499 Explanation 4, Exception 9th..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 27 -- Murder - Recovery of weapon of offence - Accused gave voluntary information u/s 27 of Evidence Act which led to recovery of weapon of offence i.e blood stained knife - When accused was arrested, he was wearing blood stained clothes which was seized - Blood stained knife, blood stained clothes and soil..........
Evidence Act, 1872, Section 6 -- Res gestea - Dying declaration of deceased is admissible in evidence u/s 6 of the Act...........
Specific Relief Act, 1963, Section 38, Evidence Act, 1872, Section 102 -- Permanent injunction - Burden of proof - Agricultural land - Plaintiff filed suit on basis of ownership and title in suit property - However, plaintiffs upon whom burden of proof lies in view of S.101 of Evidence Act failed to produce any document pertaining to title in suit property - Entire..........
Evidence Act, 1872, Section 40, 41, 42, 43 -- Relevancy of judgment - Criminal and civil proceedings - There is no embargo in referring to or relying on an admissible evidence be of a civil Court or criminal Court both in civil or criminal proceedings...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - Materials relied upon by prosecution whether admissible in evidence, is a matter to be decided at the time of trial - As regarding extra judicial confession alleged to be given by accused after about 17 years of alleged incident, is to be decided by trial Court at..........
Criminal Procedure Code, 1973, Section 173(2), 173(8) -- Final report - Though final report as such is not a legal evidence, those materials which were collected during course of investigation, when found to be admissible independently apart from final report, can be accepted and acted upon...........
