Indian Penal Code, 1860, Section 377 -- Unnatural offence - Non-examination of independent witness - There is no requirement of independent witnesses to be examined in each case - Testimonies of witnesses of facts supported with medical evidence are sufficient to be taken into consideration independently for the simple reason that no claim of previous enmity was proved to..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Accused being a public servant (Sheristedar in civil Court) demanded Rs.50 from complainant for issuance of certified copies of judgment and order of civil Court - Testimony of complainant is reliable and credible - In addition to that prosecution case is supported by testimony of..........
Evidence Act, 1872, Section 3 -- Statement of witness - Where statement of a witness is recorded after four years of alleged incident, mere fact that there were gaps in his memory during his cross-examination would not in and of itself discredit his entire testimony...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Accused being a public servant (Sheristedar in civil Court) demanded Rs.50 from complainant for issuance of certified copies of judgment and order of civil Court - Testimony of complainant is reliable and credible - In addition to that prosecution case is supported by testimony of..........
Evidence Act, 1872, Section 3 -- Statement of witness - Where statement of a witness is recorded after four years of alleged incident, mere fact that there were gaps in his memory during his cross-examination would not in and of itself discredit his entire testimony...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Dismissal of application u/s 311 Cr.P.C. - As per evidence on record, case is pending for defence evidence for last 5 years - Even, CW-1 was duly cross-examined by petitioner/accused - Therefore, accused cannot be allowed to recall witness to fill up lacuna,..........
Indian Penal Code, 1860, Section 325, 447 -- Offence u/ss 325, 447 IPC - Evidence of PWs proves beyond reasonable doubt that accused assaulted PW2 with blunt side of a dao weapon causing fracture of left side ribs - Absence of independent witness, non seizure of dao weapon and absence of medical report, does not affect conviction of accused as prosecution evidence is found..........
Evidence Act, 1872, Section 3 -- Independent witness turned hostile - Would not in and of itself, discredit prosecution case...........
Kerala Abkari Act, 1077, Section 55(a), Evidence Act, 1872, Section 3 -- Seizure of Indian made foreign liquor - Appreciation of evidence - Proper procedure had been adhered to in handling of seized samples and delay in producing the same before trial Court had not materially prejudiced appellant in any manner - Even, though independent witness had turned hostile would..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Application for grant of permission - Contents of application - Can be established only when party is permitted to enter witness box and is subjected to cross examination - Veracity of statement made by the party seeking permission to lead secondary evidence has to be tested on the cross examination by the other side -..........
