Criminal Procedure Code, 1973, Section 311, Indian Penal Code, 1860, Section 376D, 307, 302, 394, 411, 120, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Recall of a witness for re-examination - Rape and murder - Recall of injured witness/PW5 and examination with regard to contents of his video clip - Statement of PW5 has been recorded and..........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Test identification parade - Pahchan patra of TIP mentions three lungis were presented, but related witness was shown only one lungi for identification - Inconsistencies are also found in statement of PW3 as regards spot inspection report prepared by police and recovery of lungi - Similar lungi is worn by many..........
Evidence Act, 1872, Section 25 -- Extra-judicial confession - Scope - S.25 of the Act not limited by time - It is immaterial that person was not an accused at the time when the confessional statement was made...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 53, 67 -- Recovery of contraband - Confessional statement - Admissibility - Since Officers investigating offences u/s.53 NDPS Act are `Police officers' - Therefore, confessional statements made before these officials will be inadmissible in evidence...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 1 kg 230 gms charas - Independent witness declared hostile - In cross examination he admits to having duly perused the contents of the documents before having signed them and not under any police pressure - He independently stated that vehicle of accused was stopped, his consent was taken, a..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Prayer for expeditious disposal of application - Plaintiff did not take steps for service on defendants for more than one year and seven months after issuance of notice - Notice and summons not served and period for drawing presumption of service was also not over by the date of passing order -..........
Criminal trial -- Cognizable offence - Investigation - Directions issued to I.Os not to disclose any materials collected during investigation to public or media Viz: (i) All concerned should realize that once a case involving commission of a cognizable offence has been registered and FIR forwarded to Magistrate concerned, matter is sub judice and no police officer has..........
Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Late production of documents - Leave of Court - Non production of documents alongwith written statement - Discretion conferred upon Court to grant leave is to be exercised judiciously - While there is no straight jacket formula, this leave can be granted by Court on a good cause being shown by defendant...........
Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Late production of documents - Leave of Court - Such documents not filed alongwith written statement as these documents were missing and traced at a later stage - These documents necessary for arriving at a just decision in the suit - Court ought to grant leave to produce these documents...........
Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - Death by strangulation - PW1, PW2 and PW6 unequivocally establish that deceased was last seen with accused near railway line soon before the incident - On the next day dead body of deceased was recovered from place of occurrence - No explanation forthcoming from accused as to how his wife/deceased who had..........
