Protection of Children from Sexual Offences Act, 2012, Section 33(5) -- Further cross examination of victim - Victim was 15 years of age at the time of incident but now she is 18 years of age - Rigor u/s 33(5) of the Act gets diluted once victim crosses age of 18 years...........
Evidence Act, 1872, Section 138 -- Re-examination - Cannot be used to give a chance to witness to undo statement of witness made in cross-examination and fill in the lacunae in evidence...........
Indian Penal Code, 1860, Section 392, 398, Arms Act, 1959, Section 25 -- Offence u/ss 392, 398 IPC and S.25 of Arms Act - Disclosure statements - Entire case of prosecution is based on disclosure statements but prosecution has not been able to prove the same - These statements were never put to complainant and eye witness during cross-examination - Story put forward by..........
Indian Penal Code, 1860, Section 302, 149, 148, Arms Act, 1959, Section 25, 27 -- Murder - Presence of accused established all through which was referred to in FIR and in the evidence of all concerned eye witnesses - Eye witness account shows participation of accused in the initial scuffle in which deceased were pushed as well as in the exhortation - Evidence of eye..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan - Complainant apart from making a bald statement in cross examination had not produced any evidence to substantiate advancing loan - Complainant was not able to discharge onus that cheque was issued for discharge of debt or other liability as no document or books of account were produced -..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Loan - Date, month or year of advancing loan not pleaded - In cross examination complainant stated that amount was given in 2002 but complaint was filed in the year 2012 as such there was difference of ten years - No written document with regard to lending money - Amount admitted to be given in the..........
Civil Procedure Code, 1908, Order 26, Rule 10(2) -- Local Commissioner - Summoning of Court Commissioner along with his instruments to make actual demonstration about the procedure followed by him in conducting the survey - Provision does not permit any of the parties for such demonstration - If any of the party is not satisfied with the survey report submitted by the..........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 1 -- Withdrawal of suit with liberty to file fresh suit - Reason for withdrawal of suit is that plaintiffs had no knowledge of Will before it was filed in the cross examination of P.W.1 - Case of plaintiffs does not fall under category of formal defect, nor is there any reason to fall within scope of sufficient ground..........
Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 106 -- Murder of wife by husband - I.O admitted in her cross-examination that none of witnesses examined during investigation stated that husband and wife were present together in house on the fateful night - Prosecution failed to lead convincing evidence to even prima facie show that accused had any..........
Criminal Procedure Code, 1973, Section 293(2) -- FSL Report - Cross examination of person who has submitted the report - Opportunity not granted - If a report is used as an incriminating piece of evidence against accused, he has got a right to challenge the same - Trial Court to call Director State Forensic Science Laboratory, for cross examination, by accused...........
