Identification -- Voice identification - Dark night - Plea that in a dark night recognition is not possible from voice - Not tenable - Held, in a dark night ocular identification may be difficult in some cases but if a person is acquainted and closely related to another, from the manner of speech, gait and voice, identification is possible...........
Evidence Act, 1872, Section 45 -- Tape recorded conversation - Voice comparison by expert - Order directing to record sample voice in presence of an expert who may give his opinion in the matter - Order upheld...........
Civil Procedure Code, 1908, Section 16, 17, 18, 19, 20 -- `Carries on business' and `personally works for gain' connote two different meanings - For the purpose of carrying on business only, presence of a man at a place is not necessary - Such business may be carried at a place through an agent or a manager or through a servant - Owner may not even visit that place -..........
Indian Penal Code, 1860, Section 376, 302, Evidence Act, 1872, Section 3 -- Rape and murder - Minor girl - Accused following victim who was on her way to agricultural field in morning and founding her alone, dragged her to some distance and committed rape and murdered her by strangulation - Mother finding that her daughter did not return home after long time, herself going..........
Indian Penal Code, 1860, Section 376, 366, 363 -- Abduction and rape - Consenting party or rape under threat - Accused and prosecutrix employed as teacher in same school and had love affair - Rape under threat without consent with intention to marry - Prosecutrix remained with accused for 3/4 days and travelled to different places on scooter - Prosecutrix stating that she..........
Criminal trial -- Occurrence took place at 11 in the night and it was the night after 'holi' - It was a moonlight night - Appellant No.1 was the resident of the same village and wife of deceased was able to identify the voice of appellant who called her husband to come out from the house who then exhorted appellant No.2 to fire and shoot - Wife of deceased was thus able to..........
Tape recorded conversation -- Tape of voice of `R' produced in Court - Statement of `R' tape recorded when he appeared as a witness in Court - Supply of copy of tape, recorded in Court, for comparison of voice with that produced earlier - Allowed - As there is no provision in law as to how this exercise is to be carried out as such it is left open to trial Court to devise..........
Evidence Act, 1872, Section 63 -- Certified copy of statement tape recorded in Court - Authenticity of tape recorded conversation doubted and sought to compare that voice with admitted voice recorded in Court - Only fair that a copy of tape statement recorded in Court should be supplied to all the parties concerned...........
Constitution of India, 1950, Article 14, 226, Land Acquisition Act, 1894, Section 4, 6 -- Notification u/s. 4 and 6 for acquisition of land - State released some of the houses/structures and refused to release land of petitioners - Writ petition challenging notifications on the ground of discrimination - Acquisition for developing and utilisation of land for residential..........
Criminal trial -Criminal trial - Identification by voice - Possible only if person is known very well and he alone speaks - When all the accused were talking with each other simultaneously it is not possible to identify all of them however one or two persons can still be identified - Identification by voice is a very weak piece of evidence and it is not safe to convict the..........
