Criminal Procedure Code, 1973, Section 154 -- FIR - Suppression of earlier FIR - FIR in hand cannot be considered as FIR - At the most it can be considered as statement recorded u/s 161 Cr.P.C. - Delay in lodging FIR not explained - These factors together cast grave doubt on the credibility of prosecution version and lead to conclusion that there has been an attempt to..........
Indian Penal Code, 1860, Section 324 -- Offence u/s 324 IPC - Appeal against conviction - Conviction of accused based upon evidence of injured and diary statement recorded from deceased by I.O. - Even, statement of deceased strengthened by medical evidence of PW4 - Conviction of accused u/s 324 IPC based upon proper appreciation of oral evidence - Accused rightly..........
Practice and procedure -- Where written statement is not filed by defendant, Court must be satisfied that there is no fact which need to be proved inspite of deemed admission by defendant...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 40.500 kg of poppy husk - Search and seizure - Sample parcels were not drawn in presence of Magistrate, as contradictions were found in statement of Gazetted officer and PW6 regarding same - No document was collected by police in respect of ownership of car in which contraband is found - Case..........
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..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 506 -- Bail - Rape - Prosecutrix is major and married woman having two children - Statement of prosecutrix being a virgin thus, cannot be said to be correct - More so, no recovery is ought to be effected from accused and at this point of time there is no apprehension of accused threatening,..........
Indian Penal Code, 1860, Section 307, 326, 324, 34 -- Attempt to murder - Identity of accused - Alleged assault upon injured witnesses were sudden when they were sleeping - Injuries inflicted within 2 minutes only - It is unbelievable that a person who was sleeping will identify assailants in 2 minutes that too during mid night - Name of assailants not mentioned in..........
Evidence Act, 1872, Section 32(1) -- Dying declaration - Reliability - Dowry death - Accused specifically deposed against husband and i, laws - Doctor recorded dying declaration - No attempt made by accused to reveal incapacity of wife to speak while in hospital - Mere fact that victim's relatives had access to her, is by itself no reason to hold that victim gave a tutored..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Application of petitioner for examining handwriting and fingerprint expert has been dismissed - Petitioner not denied his signature on cheque in cross-examination and in his statement u/s 313 Cr.P.C. rather he admitted the same - Whether cheque issued by..........
Criminal Procedure Code, 1973, Section 125, Family Courts Act, 1984, Section 15, 16, Evidence Act, 1872, Section 137 -- Maintenance - Evidence by way of affidavit - Cross examination of witness - In matrimonial disputes each party gives exaggerated accounts and it is duty of Court to extract the truth from falsehood - In matrimonial litigation Family Courts have to take..........
