Evidence Act, 1872, Section 118, Indian Penal Code, 1860, Section 302, 394, 397, 34, Arms Act, 1959, Section 25(1)(B)(A) -- Solitary testimony of a child witness - Murder - Robbery - Child witness is 10 years old at the time of incident - He specifically and categorically stated as to how incident took place and manner in which A-1 opened gunshot on his father/deceased..........
Indian Penal Code, 1860, Section 302, 201, 382, 467, 468, 420, 210, 411, 120B, 34 -- Murder - Circumstantial evidence - Accused acquitted as following circumstances not proved against them: (i) absence of missing report of deceased; (ii) last seen evidence not proved; (iii) Police not conduced Test identification parade and even there was lot of delay in identification of..........
Indian Penal Code, 1860, Section 302, 448, 34, Evidence Act, 1872, Section 3, 154 -- Murder - Plea of accused that recovery of weapon would stand vitiated as panch witness turned hostile - Held, not tenable - As evidence of I.O. can be relied upon to prove recovery even when panch witnesses turned hostile...........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Circumstantial evidence - Most of PWs turned hostile and statement of witnesses produced suffer from serious material contradictions - Important and relevant witnesses not produced by prosecution - Even, memo of arrest of accused not produced - Prosecution failed to complete chain of events leaving any reasonable..........
Indian Penal Code, 1860, Section 302, 365, 201, 34, Evidence Act, 1872, Section 3 -- Kidnapping and murder - Appreciation of evidence - There is direct evidence in the form of ocular testimonies which establish that present accused and others had kidnapped and had held their captivity - Further, there was no time gap or interregnum between disappearance and kidnapping -..........
Stamp Act, 1899, Section 33, 34, 35, 36 -- Deficient stamp duty - When a document is insufficiently stamped, Court exercising its power u/s 33 of the Act, has to pass an order at first instance for impounding document - Though there is discretion vested in Court to exercise powers u/ss 33, 34 of the Act, no Court can hold that it would wait till document is tendered in..........
Evidence Act, 1872, Section 9, Indian Penal Code, 1860, Section 302, 392, 34 -- Test Identification Parade (TIP) - Murder and robbery - When accused have not disputed their identity in cross-examination of PW9 and PW1, it is thus, too late for them to allege now that no TIP was conducted...........
Evidence Act, 1872, Section 27, Indian Penal Code, 1860, Section 302, 392, 34 -- Disclosure statement - Murder and robbery - Stolen items i.e TV, silver coin and a part of stolen currency was recovered from accused persons - Appellants not contended that they were forced to make incriminating statements under any threat - They have chosen to defend themselves only on the..........
Civil Procedure Code, 1908, Section 100, Specific Relief Act, 1963, Section 34, Evidence Act, 1872, Section 63, 65 -- Second appeal - Suit for declaration - Validity of certified copy - Trial Court while decreeing suit had taken into consideration all materials on records including certified copy which were never challenged by defendant - No glaring illegality or..........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Award based on little evidence or on evidence which does not measure up in quality to a trained legal mind would not be held to be invalid on this score...........
