Evidence Act, 1872, Section 3 -- Medical evidence and oral evidence - Wherever there is a gross contradiction between medical evidence and oral evidence, ocular evidence may be disbelieved...........
Evidence Act, 1872, Section 3 -- Medical evidence and oral evidence - Minor discrepancies in the evidence of a prosecution witness is not given undue emphasize but where the ocular evidence seriously challenges the medical evidence, prosecution case must be held inconsistent...........
Evidence Act, 1872, Section 138 -- Re-examination of a witness - Cannot be permitted to take away the effect/withdraw any statement made during examination/cross examination of a witness...........
Evidence Act, 1872, Section 138 -- Re-examination of a witness - Cannot be permitted to take away the effect/withdraw any statement made during examination/cross examination of a witness...........
Indian Penal Code, 1860, Section 498A, 304B -- Dowry death - Cruelty - Deceased died within seven years of marriage - Evidence of PWs do not support prosecution case that deceased was subjected to any cruelty by accused or that deceased was harassed by accused for color TV - Circumstances of case are not sufficient to connect accused with alleged offence - Prosecution..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 506 -- Quashing of summoning order - Offence u/ss 406, 506 IPC - Allegation of non-payment of salary and provident fund to complainant after resignation - No prima facie evidence on record that after resigning from company of accused, complainant joined another company and shared confidential..........
Criminal Procedure Code, 1973, Section 230, 231 -- Evidence for prosecution - Evidence to be adduced on behalf of prosecution need not necessarily be confined to those produced along with final report...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - There is no embargo or restriction in summoning any person as a witness, even those witnesses whose statements have not been recorded earlier, or to accept any material - Only restriction is that material or evidence sought to be adduced must be essential for a just decision of the case...........
Indian Penal Code, 1860, Section 376 -- Rape - Incident occurred at a place which was being used to keep animal dung - However, no evidence led by prosecution to show that victim's clothes were stained with animal dung - PW1 and PW5 stated that victim had screamed during rape - But, in a colony where 100-200 people stayed and houses built close by, it is not possible that..........
Indian Penal Code, 1860, Section 302, 324 -- Murder of wife by husband - Mother of deceased/PW1 stated that accused stabbed the deceased with knife and caused death of deceased and also caused injuries to her - Evidence of independent witnesses also clinchingly corroborates medical evidence spoken by PW12 - All the material PWs identified the accused in Test Identification..........
