Indian Penal Code, 1860, Section 364, 366A, 376, 302, 201 -- Kidnapping, rape and murder of 5 years old girl - Death sentence - Accused had no criminal antecedents - There is no evidence presented to prove that commission of offence was pre-planned - No case of State that accused cannot be reformed and is a continuing threat to society - Conduct of accused in jail is..........
Evidence Act, 1872, Section 27 -- Disclosure statement - Court can convict an accused exclusively on the basis of his disclosure statement and resultant recovery of inculpatory material - However, in order to sustain the guilt of such accused, recovery should be unimpeachable and not be shrouded with elements of doubt...........
Indian Penal Code, 1860, Section 392, 397 -- Offence u/ss 392, 397 IPC - Sole eye witness to the alleged crime and his nephew have not supported the case of prosecution - No substantial effort made by police for conducting search of residence of accused in the presence of local witnesses - Complainant and PW8 un-ambiguously refuted that neither passbook nor red cloth was..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commission for local inspection - Eviction suit - Tenant wanted to prove the fact of availability of vacant rooms with landlord - Normally though a commission application to collect evidence after commencement of trial is not justified - However, during cross-examination, PW1 stated his preparedness to take out..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commission - O.26.R.9 CPC does not contemplate appointment of commission for examination of a document and report to Court about oral account of its contents, as if oral account of contents of document is included in report of commissioner that is only secondary evidence and thus, bar for admission to secondary..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 54 -- Contraband - Defence evidence to rebut the presumption - Attempt of defence to adduce evidence to rebut the presumption and to establish his innocence cannot be declined...........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Recovery suit - Leave to defend granted - Challenge as to - It is for trial Court to exercise its discretion to ascertain as to whether or not, evidence is required to be adduced qua money claims to be adjudicated by way of trial - No irregularity in impugned order and thus, no interference warranted in impugned order of..........
Evidence Act, 1872, Section 65B(4) -- Electronic record - Certificate requisite u/s 65-B(4) of the Act - Failure to produce certificate u/s 65-B(4) of the Act, at the time of filing charge sheet is not fatal to prosecution...........
Evidence Act, 1872, Section 65B(4), Criminal Procedure Code, 1973, Section 91 -- Certificate u/s 65-B(4) of Evidence Act - Main documents in respect of which certificate u/s 65-B(4) of Evidence Act is required, already marked or produced - There is thus, no bar to produce such certificate at a later stage of trial of case - Application rightly allowed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued towards payment of bank loan - There is no document produced on record with regard to sanction of loan, disbursement of loan, bank statement and what amount is unpaid - Accused cannot be convicted in the absence of evidence to show that loan was in fact disbursed to accused - Acquittal..........
