Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Late production of documents - Plaintiff had not produced relevant documents at time when case was fixed for plaintiff's evidence, though time was granted to plaintiff to file such documents - Case was again listed for cross-examination of PWs, however, neither documents were produced nor any explanation was given for..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c) -- Recovery of 48 ampules of Buprenorphine and a disposable syringe - Independent witnesses turned hostile - Mere hostility of independent witnesses cannot lead to lack of creditworthiness of official witnesses - If evidence of official witnesses is consistent and trustworthy, same can be relied upon even..........
Evidence Act, 1872, Section 73 -- Comparison of Signature - Photostat copy is a copy taken from mechanical process - Mechanical process does not show accuracy on account of blurred signatures/defective photo copying - Therefore, such comparison is impermissible under law as there is every possibility of change of signatures due to passage of time and there is every..........
Evidence Act, 1872, Section 66 -- Notice to produce documents - Complaint u/s 12 of Domestic Violence Act - Application by wife calling upon Protection Officer to produce original complaint and documents - Protection Officer is custodian of original complaint and documents - Whether there exits such documents or not cannot be adjudicated at the time of passing order u/s 66..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Prosecutrix was appearing 15 to 16 years old - However, as per medical evidence no injury was found on person of prosecutrix and she was habitual to sexual intercourse - Doctor opined that prosecutrix was having five months pregnancy but no definite opinion about rape could be given - Prosecution..........
Criminal Procedure Code, 1973, Section 374 -- Appeal against conviction - While considering criminal appeal u/s 374(2) Cr.P.C, High Court was required to evaluate entire evidence on record independently and to arrive at its own findings as regards culpability or otherwise of accused on basis of evidentiary material...........
Evidence Act, 1872, Section 3 -- Contradictions in ocular evidence between eye witnesses - Defence is entitled to rely upon contradictions in ocular evidence furnished by eye witnesses and highlight any incongruity between their versions and prosecution's case - It is not universally affirmed position that witnesses must be confronted by defence to seek advantage of..........
Indian Penal Code, 1860, Section 364, 366A, 376, 302, 201 -- Kidnapping, rape and murder of 5 years old girl - Evidence of last seen as propounded by PWs is shaky and doubtful - However, complaint is short and brief while mentioning that victim was missing, it does not record that she may have been raped and killed by someone - Inconsistency of dates between PWs as to on..........
Evidence Act, 1872, Section 27, Indian Penal Code, 1860, Section 364, 366A, 376, 302, 201 -- Disclosure statement - Recovery of dead body at the instance of accused - Kidnapping, rape and murder of 5 years old girl - Dead body was concealed in a gunny bag with two stones and immersed in the stream which had about midriff high water - PW9 and PW10 had deposed on almost..........
Indian Penal Code, 1860, Section 364, 366A, 376, 302, 201 -- Kidnapping, rape and murder of 5 years old girl - Medical evidence - Cause of death was asphyxia caused by strangulation and not due to drowning - Post mortem report corroborates prosecution version that victim was raped and murdered - Even, post mortem report and inquest panchnama confirm the date when crime was..........
