Prevention of Food Adulteration Act, 1954, Section 13(2E) -- Re-analysis of samples - Non-compliance of S.13 of the Act - In the instant case, Food Inspector or Local Health Authority not followed due procedure as prescribed u/s 13 of the Act - No conviction can be recorded for breach and contravention of mandatory provisions of law - Accused rightly acquitted...........
Indian Penal Code, 1860, Section 376 -- Rape of deaf and dumb minor girl - Age of prosecutrix between 14 to 16 years at the time of incident - Accused committed rape on prosecutrix when she was alone at home - Father of prosecutrix saw accused running out of his house - Prosecutrix by way of gestures had explained the manner in which incident had occurred - She was capable..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Appeal against conviction - Conviction upheld, as chain of circumstances proved against accused as follows: (i) no long gap between deceased last seen with accused by PWs who are inmates of his family; (ii) deposition of PWs about money lent to accused by deceased and to visit his place for..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Recovery of various articles at the instance of accused - Without corroboration cannot be made basis of conviction of accused - Evidence produced by prosecution regarding recovery of ration card and voter card of deceased also cannot be made basis of conviction without any corroboration - As..........
Indian Penal Code, 1860, Section 468, 471, Criminal Procedure Code, 1973, Section 311A -- Forged signatures - Misappropriation of loan amounts - Specimen signatures - Occurrence was of the year 1983-1986 - Executive Magistrate before whom specimen signatures were given did not have the authority to enquire into or try the case, as S.311-A Cr.P.C. has been introduced by Act..........
Evidence Act, 1872, Section 32 -- Dying declaration - Can be sole basis of conviction if it inspires full confidence - However, where dying declaration is suspicious then it cannot be acted upon without corroborating evidence but dying declaration which suffers from infirmity such as deceased was unconscious and could never make any statement cannot form the basis of..........
Service -- Appointment - Verification of antecedents - In cases of suppression of information or submitting false information in the verification form about criminal prosecution/arrest/pendency of criminal case - Discretion is given to employer to terminate or to condone omission - Even in case of acquittal, employer may consider nature of offence - In case employer comes..........
Criminal Procedure Code, 1973, Section 313 -- Statement of accused u/s 313 Cr.P.C. - A wrong answer by an accused in his statement that he did not know deceased may be incriminating factor against him but cannot suffice for conviction, as weakness of defence cannot become strength of prosecution - Prosecution has to establish charge on its own steam beyond all reasonable..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Last seen theory - PWs stated that accused and deceased were together the previous morning of incident - However, evidence of witnesses leaves it in the realm of doubt that deceased may have parted company with accused or may have gone away with PW2 - If that be a possibility, last seen theory does..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Last seen theory not proved on record - Motive of crime also not established - Conduct of accused in not going in hiding and being at home at night before recovery of body is also incompatible with his guilt, as normal behavior would have been to abscond - Only on the basis of identification of..........
