Indian Penal Code, 1860, Section 302, 307, 326, 324, 427, 436, 435, 452, 147, 148, 149 -- Murder - Unlawful assembly - Recovery of certain weapons with blood stains immediately on the day after the incident on the disclosure statement of accused, mere fact that those recoveries were not supported by independent panch witnesses, is not a ground to doubt on said recoveries -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20 -- Recovery of 3 kgs charas - Appeal against conviction - Non-joining of independent witnesses - Rule of prudence demands that there should be some corroboration through independent source of statements of official witnesses but there is no rule that evidence of police officials cannot be accepted unless..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 9.790 kg. of charas/cannabis - Non-compliance of S.50 of Act - Prosecution neither followed S.50 of Act, nor independent witnesses though available, were associated at the time of search, seizure and sealing proceedings - Non-compliance of S.50 of Act, held, vitiated the trial...........
Indian Penal Code, 1860, Section 377 -- Unnatural offence - Non-examination of independent witness - There is no requirement of independent witnesses to be examined in each case - Testimonies of witnesses of facts supported with medical evidence are sufficient to be taken into consideration independently for the simple reason that no claim of previous enmity was proved to..........
Criminal trial -- Interested witnesses - Evidence of interested witnesses is not necessarily unreliable and it can form the basis of conviction even without corroboration by independent evidence as long as it is found to be consistent and reliable...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of seven bags of poppy husk - Where prosecution proved process of recovery by official witnesses, merely because independent witness though joined but given up as having been won over by accused, would not be fatal to prosecution case - Conviction upheld...........
Indian Penal Code, 1860, Section 353, 332, 333, 504, 34 -- Offence u/ss 353, 332, 333, 504, 34 IPC - Appeal against conviction - Accused acquitted viz. (i) testimonies of relevant witnesses of occurrence not inspiring confidence; (ii) there are glaring contradictions and improbabilities, which remain unexplained on record; (iii) Contradictions in the testimonies of PWs..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 5 bags of poppy husk - Official witnesses - Conviction of accused solely rests on testimony of official witnesses - Testimonies of official witnesses cannot be brushed aside being interested witnesses but while considering its probative value, Court must also be cautious against false..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Charas - Recovery of 650 gms - Non-joining of independent witnesses by prosecution despite availability of independent witnesses - Accused can be convicted on the testimony of police officials if independent witnesses could not be procured despite best efforts made by Investigating Agency - However, in the..........
Prevention of Corruption (Amendment) Act, 2006, Section 5(2), Ranbir Penal Code, 1989, Section 161 -- Illegal gratification - Appeal against conviction - Accused/official taking bribe of Rs.550 for issuance of jamabandi to complainant - Two independent witnesses were present during trap and there is no reason to disbelieve their testimony - Accused hand turned pink upon..........
