Indian Penal Code, 1860, Section 307, 323 -- Attempt to murder - Where testimony of victim is reliable, delay in registering FIR, delay in forwarding FIR to Magistrate, non-examination of person who brought victim to hospital, all pales to insignificance and those lapses no way impinge the credibility of testimony of victim...........
Negotiable Instruments Act, 1881, Section 138, 145(2), Evidence Act, 1872, Section 137, 138 -- Dishonour of cheque - Re-examination of a witness - Filing of affidavit of statement in re-examination is not permissible...........
Negotiable Instruments Act, 1881, Section 138, 145(2) -- Dishonour of cheque - Complainant, after filing affidavit in examination-in-chief was cross examined - Complainant for valid reasons can only be summoned for re-examination for the purpose of explanation of matters referred to in cross examination but cannot be permitted to re-file an affidavit in..........
Negotiable Instruments Act, 1881, Section 138, 145(2), Evidence Act, 1872, Section 137, 138 -- Dishonour of cheque - Re-examination of complainant or any other person - Words `summon and examine any person giving evidence in affidavit' in 145(2) NI Act also includes power of Court to summon and re-examine such witness/person...........
Negotiable Instruments Act, 1881, Section 138, 145(2), Evidence Act, 1872, Section 137, 138 -- Dishonour of cheque - Re-examination of complainant - Complainant, after filing affidavit in examination-in-chief was cross examined - For the purpose to arrive at a just decision and fair conclusion, re-examination of complainant can be permitted and complainant for the mistake..........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused - Murder - Solitary incriminating circumstance appearing against accused has not been put to him in his statement u/s 313 Cr.P.C - Accused therefore had no opportunity to explain said circumstance - Serious prejudice is thus, caused to accused - However, since the incident is of the year 1995 and more..........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused - Law as to: (i) It is the duty of Trial Court to put each material circumstance appearing in the evidence against accused specifically, distinctively and separately - The material circumstance means the circumstance or the material on the basis of which the prosecution is seeking his conviction; (ii)..........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused - When Trial Judge prepares questions to be put to accused u/s 313 Cr.P.C, before putting the questions to accused, Judge can always provide copies of the said questions to the Public Prosecutor as well as defence Counsel and seek their assistance for ensuring that every relevant material circumstance..........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused - While recording the statement u/s 313 Cr.P.C in cases involving a large number of PWs, Judicial Officers will be well advised to take benefit of S.313(5) Cr.P.C, which will ensure that the chances of committing errors and omissions are minimized...........
Indian Penal Code, 1860, Section 376(2)(i), 376(2)(j), Protection of Children from Sexual Offences Act, 2012, Section 4, 6 -- Rape - Determination of age of victim - Prosecution has not examined person who had recorded date of birth of victim in School Register or any other person conversant with said fact - In the absence of such evidence, entry regarding age of victim as..........
