Evidence Act, 1872, Section 3 -- Medical evidence - Report of FSL is in the nature of opinion evidence as envisaged u/s 45 of Evidence Act like any other opinion evidence, its probative value varies from case to case...........
Indian Penal Code, 1860, Section 376, 511, Protection of Children from Sexual Offences Act, 2012, Section 7, 8 -- Attempt to rape - No injury was found on the body of victim - Prosecution utterly failed to establish that clothes of victim and accused were properly taken, properly stored and properly transmitted to FSL - Chain of custody of the same has not been established..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Default bail - Charge sheet was filed within 180 days but same was not accompanied by FSL report - FSL report was filed as part of a supplementary charge sheet filed beyond 180 days from the date of arrest of petitioner and after he applied for statutory..........
Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Defective investigation - Three bullets were fired at the injured - However, only one retrieved bullet had been sent to FSL with there being no explanation of what happened to other two bullets - Incident of firing stands corroborated by recovery of bullet from the body of injured - I.O. has chosen not to..........
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...........
Indian Penal Code, 1860, Section 307, 506 -- Attempt to murder - Accused was not identified - Though in the FSL report, it was mentioned that empty cartridge was fired from licensed pistol of accused, yet in the absence of identity of accused, said fact alone cannot be a conclusive evidence to hold accused guilty - There were contradictions in the testimony of PWs..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Non-filing of FSL report along with charge sheet is not sufficient to arrive at the conclusion that charge sheet filed was incomplete - Said report can be filed by way of a supplementary charge sheet and in any case, FSL report is only a corroborative piece of evidence - Application for default bail rejected...........
Evidence Act, 1872, Section 45 -- Expert opinion - Sending blood stained clothes, sword and other material which were used to inflict injuries to FSL and to obtain a report on the same - Application being in the nature of adducing evidence has to be filed at the stage of prosecution evidence before Sessions Court - Dismissing application on the ground that same ought to be..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Contraband - Non-compliance of S.52-A of the Act - Inventory of seized contraband article was not prepared prior to forwarding the sample of contraband to FSL - Mere fact that the samples were drawn in the presence of a gazetted officer is not sufficient for compliance of the mandate of S.52-A(2) of the..........
Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Place from where accused are said to have fired is not shown in the site plan by I.O - There is no mention in the recovery memo as to which accused had fired the bullet - No bullets have been recovered from the alleged place of incident - Prosecution has not filed the report of FSL - Even, prosecution has..........
