Civil Procedure Code, 1908, Order 18, Rule 17, 17-A -- Recall of witness for cross examination - Witness appeared 9 times for his cross examination - Application disallowed - Held, there cannot be more unjust situation and travesty of justice if in a small suit for recovery witness has to appear nine times for his cross examination...........
Indian Penal Code, 1860, Section 376, 34, Criminal Procedure Code, 1973, Section 157 -- Rape - Prosecution witnesses belonged to same family - Enmity was going on between the prosecution witnesses and the accused - The only independent witness examined declined to support the prosecution story - FIR recorded after 24 hours thus giving ample time to the police to create..........
Will -- Execution - Proof - One attesting witness examined and he only admitted his signatures on the Will - In cross examination he admitted that he never visited the place where Will was executed - Scribe did not produce any scribe register to prove the presence of the witnesses or the executant at the time of registration of the Will - Plaintiff failed to prove due..........
Indian Penal Code, 1860, Section 304B, 201 -- Conviction u/ss 304-B, 201 IPC - Appeal against - PWs8 and 9 not witnesses of demand of dowry - No previous report lodged regarding demand of dowry - Demand of motor cycle not mentioned in Ex.P-10 and same not corroborated by PW9 - Delay of 10 days in lodging FIR and no reasonable explanation given for delay in lodging FIR - No..........
Indian Penal Code, 1860, Section 302, 201 -- Offence u/ss 302, 201 IPC - Conviction - Circumstantial evidence - Failure to prove motive - Circumstance of last seen not supported by any witness - Recovery of slippers not proved as such there is no presumption of recovery being made at the instance of accused - Conviction set aside...........
Witness -- Appreciation - No consistency in evidence - Whatever stated in chief examination with regard to his acquaintance with DW3, given a go bye in cross examination - No credence can be placed on the testimony of such a witness...........
Evidence Act, 1872, Section 3 -- Testimony of Witness - Reliability - Rape Case - Minor discrepancies and infirmities in testimony of witness which are not related to the core issue - Everyone cannot recollect minor details of a past incident with complete accuracy as everyone does not have equal power of observation, retention and reproduction, which varies from..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of five bags each containing 40 Kgs of poppy husk from a jeep - Accused were traveling in jeep - All accused acquitted - Held, prosecution case suffers from following infirmities : (a) Search made before Tehsildar, but Tehsildar failed to identify accused in court; (b) Jeep damaged after hitting..........
Criminal Procedure Code, 1973, Section 311, 313, 482 -- Examine and re-examine a witness - Power is conferred on Court and not on parties - Court has unfettered power to examine or re-examine a witness at any time for just decision of the case...........
Criminal Procedure Code, 1973, Section 242(3), 311 -- Scope - Power u/s 242(3) is judicial and has to be exercised judicially - S.242(3) is a special power as such general provision of S.311 Cr.P.C. cannot be invoked by accused for recalling witness for cross examination...........
