Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Motive - Prosecution stated that deceased has illicit relationship with cousin sister of accused, which drived accused to commit murder of deceased - However all statements made by PWs including PW4 are hearsay evidence which are not admissible in evidence - No witness stated that they have direct..........
Evidence Act, 1872, Section 6 -- Res gestea - Offence u/s 354 IPC - PW1, mother of victim does not claim to have seen the incident and she is a hearsay witness - However, testimony of PW1 would be relevant and admissible in evidence u/s 6 of the Act - Principle of res gestea would be applicable being part of same transaction, as she went to house of accused in search of..........
Indian Penal Code, 1860, Section 302, 120B, Evidence Act, 1872, Section 3 -- Murder - Hearsay evidence - PWs 17 and 18 stated that a few days after incident they went to market and heard people talking that accused murdered deceased by hitting with a sabal without any reason - Evidence of PWs 17 and 18 are totally hearsay and not admissible in evidence without material..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 173 -- Murder - Charge-sheet - Investigation into charge sheet only on the basis of hearsay and speculation - Serious lapse and omissions and cast a serious doubt as toe investigative intent...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 29, 21, 23(c), 27(A), 67 -- Recovery of 7.4 kg heroin - Confession of co-accused - Allegation against accused is that after taking delivery of contraband from one person, co-accused was to take heroin and hand it over to one `N' - Said `N' was to further hand over heroin to accused - However, said persons..........
Indian Penal Code, 1860, Section 366 -- Kidnapping - Statements of PW1 and PW2 shows that both are not eye witnesses and statements given by both of them come in the purview of hearsay evidence, which has no value - Prosecutrix was not examined before trial Court as she was dead at that time - Charge of offence u/s 366 IPC not proved - Even otherwise, incident is of the..........
Indian Penal Code, 1860, Section 306, 411 -- Abetment of suicide - Prosecution examined three PWs which is in the nature of hearsay - PWs stated that accused being father, grandfather and step mother of deceased were not treating her well which led her to commit suicide - However, evidence on record shows that deceased pursing her study and her engagement ceremony was also..........
Consumer Protection Act, 1986, Section 12 -- Deficiency of service - Death by drowning in swimming pool at hotel - Breach of duty - Admittedly, lifeguard on duty was also functioning as bartender - Breach of duty of care lies in the fact that while hotel had made facility of swimming pool available for its guests, it ought to have assigned lifeguard who would perform his..........
Evidence Act, 1872, Section 6 -- Hearsay evidence - Testimonies of parents of victims - Rape case - Evidence of parents of victim even if hearsay in nature being in close proximity to time of crime and relating to act which is in issue, substantially contemporaneous to acts in issue to be proven as a fact, can be referred to and relied upon for establishing prosecution..........
Indian Penal Code, 1860, Section 376, 506, Protection of Children from Sexual Offences Act, 2012, Section 4, Evidence Act, 1872, Section 6 -- Rape of minor girls in Anganwadi center - Hearsay evidence of parents of victims - PW5 mother of victim no.1 stated that 15 day ago while her daughter was playing with victim no.4 in courtyard of anganwadi centre, accused on the..........
