Minor discrepancies -- Not to be given undue emphasis and evidence is to be considered from the point of view of trustworthiness - Test is whether same inspires confidence in mind of Court - If evidence is incredible and cannot be accepted by test of prudence then it may create a dent in prosecution version - If an omission or discrepancy goes to the root of matter and..........
Indian Penal Code, 1860, Section 302, 307, 323, 148, 149 -- Murder - Unlawful assembly - Common object - Appeal against Conviction - Accused acquitted - None of the injured or eye witness except PW1 named the accused in their respective statements before police but improved their version during trial by implicating him - Contradiction in material particulars which..........
Indian Penal Code, 1860, Section 363, 376 -- Abduction and rape - Prosecutrix narrated every minute detail as to how appellant allured her by taking advantage of her contact with him and how he persuaded her to earn tons of money and also gained confidence of prosecutrix to go along with him and misused his company by keeping her in a place where she was not acquainted..........
Indian Penal Code, 1860, Section 498A, 304B -- Dowry death - Appeal against acquittal - Material contradictions in statements of official witnesses regarding recording of dying declaration - No other public witness was associated at the time of recording of dying declaration and no reasons given for same - No efforts were made by prosecution to produce doctor who gave..........
Arms Act, 1959, Section 27, Indian Penal Code, 1860, Section 302, 147, 148, 149 -- Murder - Proof - Accused persons alleged to have killed deceased by firing on his head in tussle for being agent of Maxi Stand - Accused persons took defence of false implication and also pleaded that deceased was a criminal involved in number of cases - Prosecution witness, in whose tea..........
Indian Penal Code, 1860, Section 409, 477A, Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992, Section 10, Evidence Act, 1872, Section 47 -- Breach of trust and falsification of accounts - Proof - Accused No.1, G.M. of Canbank Mutual Fund (CMF) allegedly with dishonest and fraudulent intention induced CMF to part with Rs.32.50 lakhs by..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 42, 43, 50, 54 -- Recovery of `ganja' - Conviction - Validity - 20 kg 760 gms of ganja recovered from accused while sitting on railway platform - Samples sent to FSL found to be of ganja - All mandatory provisions under NDPS Act fulfilled - No material contradiction which would even raise suspicion about..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Ganja - Recovery of 40 Kgs - Contradiction in the statement of witnesses with regard to colour of contraband recovered - PW8 MHC and PW9 Constable did not state that case property was not tampered with when case property was in their possession - Held, prosecution has failed to prove link evidence -..........
Indian Penal Code, 1860, Section 324, Evidence Act, 1872, Section 3 -- Voluntary causing hurt by dangerous weapons or means - Proof - Prosecution's case that after altercation appellant No.1 alongwith appellant No.3 & 4 came on rooftop of house of victim and opened fire - Victim and her son sustained firearm injuries - In her deposition before trial Court, victim changed..........
Transfer of Property Act, 1882, Section 54, Specific Relief Act, 1963, Section 31 -- Registered sale deed - Setting aside - Consideration - Self contradictory statements in the deed as to consideration - At one place it is stated that entire consideration amount is due but at the second place it is mentioned that some amount was paid in advance and rest of the amount paid..........
