Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 19 -- Contraband - Charge - Not specifying the place of occurrence, the date, month or year and the time of commission of offence - No independent charge for each offence u/s 18 and 19 of the Act framed - Accused an illiterate person and agriculturist - Deficiencies in charge misled accused and thereby..........
Punjab Land Revenue Rules, 1908 -- Lambardar appointment of - Illiterate person is not fit to be appointed as Lambardar...........
Evidence Act, 1872, Section 118, 119 -- Dumb, deaf and illiterate witness - A party should not suffer because of the impairment in all the ways and in such a situation, such person cannot be denied justice even though the evidence is adduced through somebody - It is always desirable that such a party should be assisted by the son and evidence of the son should be treated..........
Indian Penal Code, 1860, Section 377 -- Rape - Reducing of sentence - Sentence reduced from seven years to already undergone (11 months) on the ground that accused is illiterate and aged about 20 years - Court has to record 'adequate and special reasons' for imposing a sentence less than the prescribed minimum - Reason has not only to be adequate but also special - Reason..........
Indian Penal Code, 1860, Section 376 -- Rape - Of minor girl aged 14 years - Sentence cannot be reduced on the ground that accused is an illiterate labourer or from the rural area or being of an age of 20 years at the time of incident...........
Will -- Suspicious circumstances - Earlier Will signed but later Will thumb marked - Plea that testator was physically incapable of executing the Will - Though testator was illiterate but he had learnt to put his signatures, but most of the time he used to put his thumb impression - Plea of fraud not proved as no evidence to this effect led - Held, in face of unequivocal..........
Indian Penal Code, 1860, Section 376 -- Rape of minor - Minimum sentence - Court can award sentence lesser than the minimum sentence for adequate and special reasons - Reduction of sentence on ground that accused at the time of offence was of 17 years of age and was illiterate villager - Held, these are not special reasons to reduce the sentence than the minimum sentence..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 154 -- FIR - Delay in lodging - Conclusion of trial court that FIR was ante dated on the basis of evidence of PW who was illiterate and rustic lady - Minor variance in statement recorded long after occurrence - Not sufficient to conclude that FIR was ante dated...........
Evidence Act, 1872, Section 118, Indian Penal Code, 1860, Section 376 -- Rape - Competent Witness - Appreciation of evidence - Rural and illiterate witness - Victim not an intelligent girl, had passed out in class 3 on third attempt - Her Mother a rustic woman and illiterate - To examining their evidence with microscopic approach would be insult to justice - Approximate..........
Criminal trial -- Time of occurrence - 7.00 p.m. or 10.00 p.m. - PW4 stated it to be 7.00 p.m. whereas PW3 has given time of occurrence in between 9.00 and 10.00 p.m. - It is a great variation and it cannot be attributed merely to the inability of the witnesses hailing from the village to give correct time - PW3 signed in Hindi and he is a 'Lambardar' and PW4 signed in..........
