Evidence Act, 1872, Section 154 -- Hostile witness - Held, statement of a hostile witness can also be examined to extent that it supports case of prosecution...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 364, 302, 201, 120B, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Bail - Offence u/ss 364, 302, 201, 120-B IPC and S.3(2)(v) SC&ST Act - Denial of bail on ground of tampering of evidence - Petitioner an influencer politician along with co-accused..........
Evidence Act, 1872, Section 138, 148 -- Irrelevant questions in cross examination - Trial Court has discretion to disallow irrelevant questions - In exercising its discretion Court shall have regard to the considerations, viz. (1) Such questions are proper if they are of such nature that the truth of the imputation conveyed by them would seriously affect the opinion of the..........
Evidence Act, 1872, Section 138, 148 -- Irrelevant questions in cross examination - Cross examination is the main tool of an accused to test the veracity of the evidence of the witness and discredit his trustworthiness - However, this does not mean that trial Court will not exercise its discretion in disallowing irrelevant questions...........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 227, Evidence Act, 1872, Section 138, 148 -- Cross examination - Very material question disallowed as irrelevant - Petition there against - Allowed - Petitioner allowed to cross examine the witness on the two questions...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Opium - Recovery in presence of witness who signed the recovery memo - Witness resiled and stated that his signatures were obtained by police on blank papers - Witness not an illiterate person who will sign blank papers - No complaint made to senior police officials regarding getting signatures on blank..........
Eye witness - - When medical evidence specifically rules out the injury claimed to have been inflicted as per the eye witnesses' version then Court can draw adverse inference that the prosecution version is not trustworthy...........
Eye witness - - Variance - Oral evidence of eye witnesses has to get priority as medical evidence is basically opinionative - But, when the evidence of eye witnesses is totally inconsistent with the evidence given by medical experts then evidence is appreciated in a different perspective by the Courts...........
Eye witness -- Tainted eye witness account which is glaringly inconsistent with the medical evidence as regards firearm injury shakes the credibility of the prosecution case...........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Affidavit in lieu of chief examination - There are instances where the contents of the affidavits far exceed those in the plaint - Witness does not have any right to add anything further, except with the specific permission of Court...........
