Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 304, 323, 504, 506, 34 -- Summoning of additional accused - Offence u/ss 304, 323, 504, 506, 34 IPC - Complainant who received injuries in the incident naming petitioner and attributing role of taking participation in the incident - Testimony of injured witness is of highest value and cannot be..........
Evidence Act, 1872, Section 154 -- Hostile witness - Testimony of any witness cannot be discarded as a whole on basis of hostility...........
Indian Penal Code, 1860, Section 376, 506 -- Rape of minor girl by her step father - Testimony of prosecutrix - Statement of prosecutrix recorded u/s 164 Cr.P.C was without any coercion or duress, as her mother was not present with her - Prosecutrix was tutored by her mother when she stepped into witness box - It appears that mother has entered into compromise with her..........
Explosive Substances Act, 1908, Section 5 -- Offence u/s 5 of the Act - Prosecution failed to lead any evidence to show that accused was having in his possession explosive substance for any unlawful purpose - Testimony of I.O raises a question mark on entire process of recovery of explosive substance, vehicle in question and other recoveries from accused - No independent..........
Indian Penal Code, 1860, Section 376AB, Protection of Children from Sexual Offences Act, 2012, Section 5m, 6 -- Rape - Prosecution not produced victim for her complete cross examination - Testimony of PWs and doctor being mere corroborative, would not support prosecution case as star witness i.e. victim was not subjected to cross - Accused in his statement u/s 313 Cr.P.C...........
Indian Penal Code, 1860, Section 302, 307, 324, 326, 34 -- Murder - Testimony of sole eye witness/PW6 - Inconsistencies and contradictions were found in evidence of PW6 - PW6 claimed to have sustained injuries on account of assault committed upon him - He was examined on next day, however, PW11 opined that age of injury was within one hour - Injuries which could be self..........
Evidence Act, 1872, Section 3 -- Related/interested witness - Evidence of interested or related witness cannot be disbelieved on the ground that they were interested or related witnesses, but their testimony should be scrutinized with great care and caution...........
Indian Penal Code, 1860, Section 302, 323, 34 -- Murder - Presence of alleged three eye witnesses at the spot not proved on record - Several material contradictions in the testimony of said witnesses, which goes to root of matter and shatter the entire prosecution case - False implication of accused in crime arises on the basis of enmity between families of parties - PW1,..........
Evidence Act, 1872, Section 134 -- Testimony of single eye witness can form basis of conviction if testimony of single eye witness is of sterling quality...........
Indian Penal Code, 1860, Section 302 -- Murder - Testimony of single eye witness - Not of sterling quality - Recovery of sunglasses recovered from scene of crime is doubtful as same was not identified by PWs - Recovery of gamchha as allegedly wore by accused at the time of incident not proved - Place of arrest is highly doubtful - Prosecution could not establish its case..........
