Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Mere submission that some questions could not be put to prosecutrix in her lengthy cross-examination, cannot be a ground to recall the witness who has already been examined and cross-examined fully...........
Indian Penal Code, 1860, Section 302 -- Murder - Allegation that accused assaulted deceased after bullets were fired on deceased by co-accused - However, charge u/s 34 IPC has not been framed against accused - Accused convicted only on the basis of statement of PW1 - Deceased had already died when PW1 reached the scene of offence - PW1 in his cross-examination stated that..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Prosecution story has been demolished by oral testimonies of witnesses including the medical experts, coupled with the contents of FIR registered by a hearsay witness - No motive attributed to appellant or to co-accused, in order to justify their conviction u/s 307 IPC - Both the injured witnesses during their..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 406, 420, 120B, Rajasthan Public Examination (Prevention of Unfair Means) Act, 1992, Section 4, 6 -- Bail - Leakage of REET question paper - Case at the stage of framing of charge - Accused in custody for more than a year - No likelihood of conclusion of trial within a short time - Bail granted...........
Protection of Children from Sexual Offences Act, 2012, Section 33(2) -- Examination of child victim - Date of commission of offence determines the question as to whether benefit of S.33(2) of the Act should be accorded or not...........
Protection of Children from Sexual Offences Act, 2012, Section 33(2) -- Examination of child victim - Protection u/s 33 of the Act, will continue to remain for victim, regardless of whether he or she attains the age of majority in the meanwhile...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of PW1 for further cross-examination - Defendant failed to convince Court with any valid and sufficient reason that Court may exercise its discretion to recall PW1 or permit fresh evidence - Application filed after hearing the arguments is not bonafide, bereft of reasons and without any justification - Application..........
Evidence Act, 1872, Section 45 -- Expert opinion - Prayer seeking to set aside opinion evidence is not liable to be allowed when report espouses reasoning for finding so that expert could be questioned during examination to prove its genuineness and authenticity...........
Indian Penal Code, 1860, Section 302, 447, 34 -- Murder - Wife of deceased, is the sole eye witness, however, some contradictions are found in her statement - Police authority recovered the lathi (weapon) used for causing death of deceased on the basis of disclosure information given by accused in the presence of two witnesses but the none of witnesses was present before..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Comparison of writing on cheque - Accused admitted his signatures but contended that he has not filled up the cheque - Accused did not reply to the statutory notice - Accused attempted to protract the proceedings - Order directing to send the disputed cheque for examination to FSL set aside...........
