Evidence Act, 1872, Section 9, Indian Penal Code, 1860, Section 392, 397, 34 -- Test identification parade (TIP) - Robbery - Complainant identified the accused on verification, TIP was thus meaningless, as TIP is an aid in investigation and is required to be conducted if facts and circumstances so demand...........
Indian Penal Code, 1860, Section 373, 34, Evidence Act, 1872, Section 114 -- Buying of minor for prostitution - Non-examination of material witnesses - Adverse inference - In the instant case, PW2 & 3 who were material witnesses did not support the prosecution story and declared hostile - Even, other material witnesses were not examined though they were readily available..........
Criminal Procedure Code, 1973, Section 482, Excise Act, 1914, Section 34(2) - - Quashing of proceedings - Offence u/s 34(2) of Act of 1915 - In the instant case, co-accused stated that he purchased liquor from shop of petitioner - However, said fact does not amount to discovery of new fact - Even, there is no other incriminating material against petitioner - In absence of..........
Evidence Act, 1872, Section 9, Indian Penal Code, 1860, Section 302, 34 -- Identification simplicitor - Cannot form the basis or be taken as the fulcrum for the entire case of prosecution when none of the witnesses disclosed any features for identification which would lend some corroboration - Identification parade itself was held 25 days after the arrest - Chance meeting..........
Indian Penal Code, 1860, Section 364, 302, 201, 34, 120B, Evidence Act, 1872, Section 8 -- Kidnapping - Murder - Motive - There is no documentary evidence with regard to land transaction between deceased and accused which is established by unshattered corroborated oral evidence - Therefore, absence of documentary evidence cannot discard motive proved by oral evidence...........
Indian Penal Code, 1860, Section 364, 302, 201, 34, 120B, Evidence Act, 1872, Section 3 -- Kidnapping - Murder - Circumstantial evidence - Last seen together - As per prosecution witnesses, deceased left house after telephonic call of accused and thereafter, he withdrew cash from bank and proceeded to house of accused - Even, accused were seen loading gunny bag in vehicle..........
Indian Penal Code, 1860, Section 364, 302, 201, 34, 120B, Evidence Act, 1872, Section 27 -- Kidnapping - Murder - Discovery of fact - Dead body of deceased recovered from valley on basis of disclosure statement of two accused persons - Therefore, disclosure statement made by them separately in quick succession to I.O., preceding discovery of fact so stated, is admissible..........
Indian Penal Code, 1860, Section 364, 302, 201, 34, 120B, Evidence Act, 1872, Section 27 -- Kidnapping - Murder - Recovery panchnama - Admissibility - Merely in absence of signatures of accused on recovery memo/panchnama will not make it inadmissible in evidence...........
Indian Penal Code, 1860, Section 364, 302, 201, 34, 120B, Evidence Act, 1872, Section 27 -- Kidnapping - Murder - Discovery of fact - There is no evidence on record regarding blood group or fact that blood stains belonged to blood group of deceased - Even, recovery itself is doubtful - Therefore, merely in absence of evidence regarding blood group will not make case of..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - No eye witness to the occurrence - PW1, a child witness not reliable as he made conflicting statements - He only witnessed that deceased was dragged by accused into the fields but not to any assault - Conclusion of trial Court regarding presence of accused for 45 minutes till arrival of two witnesses wholly unacceptable..........
