Criminal Procedure Code, 1973, Section 391 -- Additional evidence - No corroboration to the statement of PW3 inspite of corroboration evidence being available - Conviction of accused on the existing evidence may not be justified - It is a fit case for directing additional evidence to be recorded on the basis of further investigation to be undertaken by I.O. - No prejudice..........
Evidence Act, 1872, Section 45 -- Expert opinion - Determination of age of writing of ink - An expert opinion as to determine the age of writing of ink can be possible and to admit is relevant, it is premature to determine its evidentiary value as whether it can be basis or not and whether to serve as a piece of corroboration and if so to what extent is to be determined..........
Indian Penal Code, 1860, Section 411 -- Receiving stolen property - Testimony of only official witnesses were relied upon by prosecution and no independent corroboration was sought by prosecution for proving factum of accused suffering disclosure statements and getting recovered articles - More so, ownership of various articles stolen is not proved to be that of..........
Indian Penal Code, 1860, Section 384, 506, 120B, Evidence Act, 1872, Section 26, 27 -- Confession of co-accused - Evidentiary value - Confessional statement of co-accused cannot by itself be taken as a substantive piece of evidence against another accused and thus, cannot be made basis for conviction of accused without corroboration - Such statement can at best be used or..........
Indian Penal Code, 1860, Section 376 -- Rape - Sole testimony of prosecutrix - Conviction can be founded on sole testimony of prosecutrix, unless there are compelling reasons for seeking corroboration - Corroboration as a condition for judicial reliance on testimony of prosecutrix is not a requirement of law but a guidance of prudence under given circumstances...........
Indian Penal Code, 1860, Section 307, 149, Arms Act, 1959, Section 25 -- Police encounter case - Gunshot - Absence of independent corroboration - Presence of public witness is not always necessary, but looking to surrounding and attendant circumstances and facts of case, it was expected from raiding party to have called at least some person to stand witness - Weapons i.e..........
Evidence Act, 1872, Section 9 -- Test identification parade (TIP) - Belongs to stage of investigation and there is no provision in Cr.P.C which obliges investigating agency to hold or confers a right upon accused to claim TIP - Failure to hold test identification parade would not make inadmissible the evidence of identification in Court - Weight to be attached to such..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 9 -- Murder - Identification of accused - Admissibility - Fact that deceased named four persons who threatened him with serious consequences to his father-in-law and the same persons were identified by an independent witness - It is a strong piece of corroboration and hence, admissible as legal evidence...........
Evidence Act, 1872, Section 3 -- Cogent and credible version - Cannot be discarded even in absence of corroboration...........
Evidence Act, 1872, Section 3 -- Assault - Medical corroboration not necessary in all cases - Corroboration is required only to confirm the version of witnesses and if their version is credible and reliable and if they are found to be adhering to the cross-examiantion, medical corroboration may not be necessary...........
