Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20(b)(ii)(c) -- Two independent Panch witnesses turned hostile - Conscious possession of contraband proved - No material discrepancies or contradiction pointed out by appellant from evidence of prosecution - Prosecution duly proved its case - Held, Panch witnesses turning hostile could not be fatal to case of..........
Indian Penal Code, 1860, Section 323, 34 -- Conviction based on sole testimony of victim - Sustainability - Incident happened within room of accused Subedar Major "R" - No other witness was present except another co-accused "M", who himself gave a blow of iron rod upon head of victim "S" - Victim in unconscious state was thrown outside the room - Victim was the sole..........
Civil Procedure Code, 1908, Section 115 -- Proviso (as substituted in 2009) - "Other proceedings" - Meaning of - Held, expression "other proceedings" used in S.115(1) and proviso is not used in Contradiction to the expression "suit" and does not refer to interim matters/applications during course of the suit and decided at interim stage i.e. during pendency of the suit -..........
Contradictions -- Some sort of contradiction, improvement, embellishments bound to occur when two persons died on the spot and other received grievous injuries, the eye witnesses also made an attempt to save themselves and rescue the persons under attack - In such a fact situation, witness is not supposed to be perfectionist to give the exact account of the incident...........
Evidence Act, 1872, Section 32 -- Dying declaration - Not recorded by SDM in his own handwriting - Note appended thereto that it was recorded by SDM himself false - No certificate from doctor that deceased was in a fit mental condition to make statement - Contradiction in dying declaration and testimony of witnesses - Dying declaration not relied...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea of accused that cheque was never intended to be used for realising amount - Material contradiction between examination-in-chief and cross-examination - It only probablises the defence taken by accused - Defence has established correctness of stand taken by means of preponderance probabilities...........
Criminal trial -- Discrepancies - When omissions amount to a contradiction, creating a serious doubt about the truthfulness of the witness and other witnesses also make material improvement while deposing in Court, such evidence cannot be safe to rely upon...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Legality of - There are contradiction in the evidence of complainant - Trial Court observed that witnesses have also not supported the case of prosecution - Prosecution has failed to prove main ingredient of S.138 of the Act and failed to prove that cheque was given by respondent..........
Criminal Procedure Code, 1973, Section 161 -- Significant omission in statement u/s 161 Cr.P.C. - The same may amount to contradiction and that whether it so amounts is a question of fact in each case...........
Indian Penal Code, 1860, Section 302 -- Murder - Accused allegedly killed the daughter of informant - Sole eye witness stated that while he was returning from forest, the cries of the girl attracted him at the spot where he saw the accused cutting throat of deceased - Plea of accused that no implicit reliance can be placed on the solitary witness as FIR did not reveal his..........
