Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(b),42,50,57 -- Recovery of Smack - Conviction - Appeal - Nothing to show that seized Narcotic was kept in sealed cover and paper packet and polythene packets sent to Registrar were under seal cover for purposes of forwarding same to FSL - No record to show that seal was also deposited in Malkhana - Special..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Disposal of seized narcotic substances - Neither any inventory of seized article was prepared nor recovered contraband was ever produced - No explanation was offered for this failure - Mere oral evidence as to the features and production of seizure list does not discharge heavy burden which lies on..........
Indian Penal Code, 1860, Section 489C -- Possession of counterfeit currency notes - Prosecution has neither produced currency notes in Court nor offered any explanation for non-production of the same - Report of Assistant General Manager, RBI. that in his opinion notes are fake but at the same time it is also stated that opinion was only for the purposes of investigation..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Validity - Petitioner/accused had borrowed sum of money form `M' and gave a cheque to discharge said loan amount - `M' made over cheque in question to respondent/complainant - Bank Rules duly permit for making over cheque in favour of third parties - All legal formalities have been observed..........
Indian Penal Code, 1860, Section 376(1) -- Rape - Sole testimony of prosecutrix - Conviction - Held, it is now settled principle of law that conviction can be founded on the testimony of prosecutrix alone unless there are compelling reasons for seeking corroboration - Evidence of prosecutrix is more reliable than that of an injured witness - Testimony of victim of sexual..........
Criminal Procedure Code, 1973, Section 374, 398(1) -- Appeal against conviction - Grant of bail during pendency of appeal - Applicant was assigned only the role of exhortation - He was not armed with any fire arm - There is no finding by Sessions Judge in respect of involvement of applicant - Held, involvement of applicant is minimal - He is liable to be released on bail..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 164 -- Magistrate who recorded statement u/s 164 Cr.P.C. not examined - Held, not fatal to prosecution case as conviction is not based on the statement of PW-2 recorded u/s 164 Cr.P.C. but on the evidence of PW-2 examined as a witness in Court at the time of trial...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 118 -- Murder - Child witness - Murder - Accused convicted and sentenced to life imprisonment on sole testimony of daughter of deceased aged 8 years - Witness answered first few questions put by Court very smartly and intelligently and Court concluded that she could become witness in this case - She has..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque for Rs.one lac - Conviction - Revision - Defence plea that cheque was issued for investment purpose - Petitioner/accused failed to substantiate defence by leading any material evidence - Trial Court convicted petitioner/accused and awarded sentence of detention till rising of Court and further directed to..........
Criminal Procedure Code, 1973, Section 198(1), Indian Penal Code, 1860, Section 494 -- Bigamy - Conviction - Validity - Wife filed complaint u/s. 494 IPC against husband on ground that he contracted second marriage during her life time - Magistrate invoking power u/s.156 Cr.P.C. and forwarded said complaint to police for doing needful in accordance with law - Police..........
