Indian Penal Code, 1860, Section 279, 304A, 337, 338 -- Rash and negligent driving - Accused was 52 years of age at the time of accident - Statement given by PW6 before police with regard to mini lorry driver being an elderly person and his subsequent testimony before trial Court therefore is not found to be so significantly different, which might amount to contradiction -..........
Criminal Procedure Code, 1973, Section 164 -- Statement of victim recorded u/s 164 Cr.P.C - Magistrate/Courts should not issue certified copies of statement recorded u/s 164 Cr.P.C. to any person till cognizance is taken on the charge-sheet/police report - Even lower Courts are issuing certified copies of statement recorded u/s 164 Cr.P.C. (Now S.183 BNSS) which is legally..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29 -- Contraband - Recovery of 1.25 kg. charas carried in the car, during random check - Two police department witnesses only - Logbook clearly shows that vehicle was travelling during relevant point of time towards a different destination - Statement given by two police witnesses, do not support case of..........
Indian Penal Code, 1860, Section 302, 97 -- Murder of husband by wife - Right of private defence - Deceased/husband was in a drunken mood tried to ravish his own daughter aged about 21 years - To save the honour of his daughter, accused/wife has committed the murder of her husband - Body of deceased found semi nude and injury on his head i.e skull broken - Post mortem..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder of wife by husband - Burden of proof - Informant stated that deceased was badly assaulted before she was killed - Post-mortem report completely belies such statement as no external injury was found on any exposed part of body of deceased - Though there is no explanation about the circumstance..........
Indian Penal Code, 1860, Section 302, 447, 34 -- Murder - Wife of deceased, is the sole eye witness, however, some contradictions are found in her statement - Police authority recovered the lathi (weapon) used for causing death of deceased on the basis of disclosure information given by accused in the presence of two witnesses but the none of witnesses was present before..........
Protection of Children from Sexual Offences Act, 2012, Section 24 -- Recording of statement of a child - When a police officer who receives report or information regarding commission of an offence under POCSO Act, he has a legal obligation to record statement and register a crime - However, statement of victim shall be recorded by a woman police officer not below the rank..........
Evidence Act, 1872, Section 154 -- Hostile witness - Merely because witness resiled from his statement given to police, entire case presented by prosecution is not unreliable particularly when he has, in his testimony, not stated an alternative case which would lead us to question the credibility of other eyewitnesses...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Dying declaration - PW24 stated that after he heard that his friend/deceased was injured, he rushed to the site and found that deceased was fully covered in blood, and he disclosed that appellant was the author of injuries - However, in the cross-examination, he denied having made such a..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 27(B) -- Contraband - Statement made by co-accused to police officer cannot be treated as a material connecting accused with the crime, especially considering the offence u/s 27(B) of the Act...........
