Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 50, 61, 85 -- Contraband - Non-joining of independent witness - Credibility of police official's statement - Merely because no independent person had co-operated to join the raid, testimony of police officers which otherwise inspires confidence cannot be discarded - Raid was conducted meticulously - There..........
Indian Penal Code, 1860, Section 376(2)(f), Evidence Act, 1872, Section 6, 8, 157 -- Rape - Res gestae - After incident victim rushed to her house and immediately disclosed incident to her parents and brother - Statement made by victim was contemporaneous to acts immediately done to constitute offence - Such acts forming same transaction, proximity of time, continuity of..........
Evidence Act, 1872, Section 8 -- Conduct of accused - Where inculpatory information or other clues revealed by accused are sufficiently proved and corroborated by public witness, evidence of I.O. to this effect would be admissible u/s 8 of the Act...........
Evidence Act, 1872, Section 27 -- Disclosure statement - Leading to discovery of fact in one case is relevant u/s 27 of Act, and admissible, even though it has been made during the investigation in another case...........
Evidence Act, 1872, Section 65B, 62, 3 -- Electronic record - Power of Court to inspect the same - Court has power to view CCTV footage and video recordings, be it primary or legally admissible secondary evidence, in the presence of accused for satisfying itself as to whether individual seen in the footage is the accused in dock - Trial Court should also specifically put..........
Evidence Act, 1872, Section 74 -- Admission of a party in prior statement in judicial proceedings - Certified copy thereof - Admissible in evidence u/s 74 of the Act...........
Evidence Act, 1872, Section 21 -- Admission of a party in prior statement in judicial proceedings - Held, such admission is admissible...........
Stamp Act, 1899, Section 35 -- Release deed - Insufficiently stamped - Admissibility - Where release deed does not contain requisite stamp fee, such document is not admissible in evidence - But it could merely be an irregularity which can be cured by deposit of stamp duty - Contention that no title is passed on the basis of said document, held, rejected...........
Registration Act, 1908, Section 17 -- Registered adoption deed - Admissibility - Where registered adoption deed is more than 20 years old and ceremonies of adoption are proved by oral evidence, said adoption deed is admissible in evidence...........
Criminal Procedure Code, 1973, Section 378(3) -- Appeal against acquittal - High Court entitled to re-appreciate evidence if it is found that view taken was not a possible view or that it is perverse or infirm or erroneous view - More so, where admissible evidence is ignored by trial Court then duty is imposed upon appellate Court to re-appreciate evidence when accused has..........
