Criminal Procedure Code, 1973, Section 173(5) -- Additional documents - CDs not produced along with supplementary chargesheet - CDs were referred to in supplementary chargesheet - After the report of CFSL was received, supplementary chargesheet was filed for placing on record said report - Therefore, when CDs were sought to be produced they were not new articles - There..........
Indian Penal Code, 1860, Section 304A, 279 -- Rash and negligent driving - Neither prosecution has brought forth any evidence that petitioner was driving the vehicle nor any material has been taken on record regarding same - Even, there is no whisper in this regard in evidence of witnesses - No further evidence is brought on record to substantiate charge or to bring home..........
Criminal trial -- Circumstantial evidence - In a case based on circumstantial evidence, prosecution is obliged to prove each circumstance, taken cumulatively to form a chain so complete that there is no escape from the conclusion that within all human probabilities, crime was committed by accused and none else - Further, facts so proved should unerringly point towards..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Prosecution failed to make out a case of continuous demand of dowry and torture for non-fulfillment of same - Charge u/s 498-A IPC not proved - Conviction and sentence set aside...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 254(3) -- Evidence for prosecution - Deferment of cross-examination - Deferment u/s 254(3) cannot be asserted as matter of right - Parties seeking deferral u/s 254(3) BNSS, must provide sufficing reasons to invoke discretion of Court to permit cross-examination of witness to be deferred until any other witness or witnesses,..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 254(3) -- Evidence for prosecution - Deferment of cross-examination - Application for deferring cross examination of a witness or witnesses, on same set of facts, must be made before commencement of cross examination of a particular witness...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 254(3) -- Evidence for prosecution - Deferment of cross-examination - Application u/s 254(3) BNSS must be filed, as early as possible, but, in any case, before the commencement of cross examination of a witness...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 254(3) -- Evidence for prosecution - Deferment of cross-examination - Court u/s 254(3) BNSS, is vested with jurisdiction to permit deferment of cross examination not only of a witness but set of witnesses and it depends upon case to case justifying deferral of cross-examination...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 254(3) -- Evidence for prosecution - Deferment of cross-examination - Court while dealing with application u/s 254(3) BNSS, must consider apprehension of improvisation by prosecution witnesses in their cross-examination to circumvent defence strategy - If appreciation is well founded, it can hamper the prospects of a fair..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 254(3) -- Evidence for prosecution - Deferment of cross-examination - Plea for deferral u/s 254(3) BNSS must preferably be made before presentation of case calendar or at earliest available opportunity, before defence strategy become known to prosecution...........
