Evidence Act, 1872, Section 3, 154 -- Hostile witness - Evidence of hostile can be relied upon which is trustworthy and not as if the entire evidence of such witness is to be negated completely...........
Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 154 -- Murder - Appeal against acquittal - Hostile witness - Trial Court erred in acquitting accused `P'on the ground that material witnesses had turned hostile and did not support the prosecution case - As evidence of hostile witness remains admissible in the trial and there is no legal bar to base..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 6 -- Bail - Offence u/ss 363, 366-A IPC and Ss.3, 4, 6 of POCSO Act - In absence of DNA report and the fact that prosecutrix not supported the case of prosecution while appearing in witness box and rather declared..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 60 kg ganja - Independent witnesses turned hostile - Case is based only on evidence of I.O and other police witnesses - Material contradictions in statements of police witnesses and I.O - Dates are also wrongly mentioned in some of relevant documents - In the Malkhana register also..........
Evidence Act, 1872, Section 154 -- Hostile witness - Testimony of a hostile witness does not get washed off the record - Said testimony to the extent reliable can be acted upon...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 154 -- Murder - Hostile witness - PW4 who was present on the spot was declared hostile by prosecution - However, testimony of a hostile witness to the extent reliable can be acted upon - Admittedly presence of PW4 at the place of occurrence was admitted and his testimony supported the testimony of PW8 -..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25, 30 -- Blind Murder case - Circumstantial evidence - Star witness of prosecution PW3 not supported prosecution case and turned hostile - Complainant deposed in tune with FIR - There is no eye witness to incident - PW4, though stated that white colour scooty was seen to be parked on the spot, but he never..........
Evidence Act, 1872, Section 3 -- Inconsistency between evidence of eye witnesses and medical evidence - As per eye witnesses four fire arms shots hit the deceased on head - As per doctor there were only two entry wounds - Court has to go by the statement of doctor as prosecution did not pray that doctor be declared a hostile witness - Evidence of doctor belies evidence of..........
Indian Penal Code, 1860, Section 302, 384, 34 -- Murder - All important PWs not fully supported prosecution case - Brother of deceased/PW1 though in examinatio, i, chief has supported prosecution case but later when he was cross-examined after one year of his examinatio, i, chief not supported prosecution case - Cross-examination of PW1 was adjourned for about 30 dates -..........
Adverse possession -- It is hostile possession by assertion of a hostile title in denial of title of true owner...........
