Evidence Act, 1872, Section 11 -- Relevant fact - Minor omission in FIR does not affect probability of case - However, omission of important fats in FIR comes within purview of said section...........
Criminal Procedure Code, 1973, Section 154, Delhi Special Police Establishment Act, 1946, Section 3 -- FIR - Anti Sikh riot case - FIR registered - Investigation entrusted to CBI - CBI re-numbered FIR in accordance with practice and obligation under their manual but contents of the earlier FIR not changed - Held, merely giving a new number to the FIR by CBI would not make..........
Indian Penal Code, 1860, Section 396, 412 -- Conviction - Appeal against - Delay in lodging FIR - Absence of any specific features and distinguishing marks or colour mentioned in the FIR in the list of looted articles - No sanctity can be attached to the test identification parade held after three months - Witnesses inimical to the accused - Conviction set aside...........
Central Civil Services (Pension) Rules, 1972, Rule 9 -- Retiral benefits - Petitioner retired from service - Criminal case registered against petitioner on allegations that one employee working under him committed suicide - However, no one named in FIR - Even challan not presented for prosecution of petitioner till his retirement - No departmental enquiry initiated against..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Delay in lodging FIR explained - Eyewitnesses related to the deceased - Veracity and truthfulness of their testimony cannot be doubted - Prosecution story is fully supported and corroborated by both the eyewitnesses - Testimony of eye-witnesses is fully supported by medical evidence - Evidence on record indicates that..........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Delay per se is not fatal - It only puts Court on caution to analyze entire evidence in threadbare manner...........
Criminal Procedure Code, 1973, Section 157(1) -- Delay in despatch of FIR to Magistrate - It is not always a circumstance on the basis of which entire prosecution case may be said to be fabricated - It all depends on the facts and circumstances of each case where the circumstance of delay may lead to serious consequences...........
Indian Penal Code, 1860, Section 304B -- Omission to mention in FIR some of the items given at the time of marriage - FIR lodged by father of the deceased - Father can hardly be blamed for not lodging an elaborate and specific complaint at that time, as it was a tragic moment for him being the period immediately after the death of his daughter - That time was of pain and..........
Indian Penal Code, 1860, Section 304B, Criminal Procedure Code, 1973, Section 154 -- Dowry death - FIR - Death occurred at 9 p.m. and FIR lodged at 7 p.m. next day - There is no inordinate delay - Complainant family got the information of death of deceased from a relative and thereafter they must have tried to get the body subjected to the postmortem and have the same..........
Indian Penal Code, 1860, Section 304B -- Death of a woman by drowning after 6 years of marriage - FIR lodged by father of deceased after 9 months - Delay not explained - Held, death of a married daughter is an occurrence, which is not taken lightly by any father - Silence of father for 9 months goes to establish that he was convinced that reasons behind the death of his..........
