Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Demand of Rs.90, 000/- whereas cheque amount was Rs.60, 000/- - Demand was not of cheque amount - Demand not made in terms of mandate of Act - Notice drafted by the Advocate - But Advocate not examined as witness to prove the contents of the said notice - Held, acquittal of accused proper...........
Criminal Procedure Code, 1973, Section 161, 164 -- Unexplained and unjustified delay in recording the statement of material witness always goes against the prosecution...........
Evidence Act, 1872, Section 118 -- Child witness - Evidence of a child witness is not to be rejected per se - Court as a rule of prudence considers such evidence with close scrutiny and only on being convinced about the quality thereof and reliability can record conviction, based thereon...........
Evidence Act, 1872, Section 24 -- Confession - Witness - Extra judicial confession - Reliability - As per statement of PW9, accused said to have confessed before him that he had killed deceased in a lonely place of embarkment of village tank whereas dead body was found on floor of temple of Lord Radha Krishna Jew - Held, there is apparent discrepancy with regard to place..........
Evidence Act, 1872, Section 3 -- Evidence of a witness - Held, part of evidence of a witness can be accepted while rejecting other part of evidence...........
Evidence Act, 1872, Section 154 -- Hostile witness - Evidentiary value - Evidence of hostile witness cannot be treated as washed off the record - It is receivable in evidence to the extent it supports the prosecution version...........
Evidence Act, 1872, Section 85 -- Power of attorney - Proof of - Held, any party to a suit etc. relying on a power of attorney would have to prove it like any other document by producing in witness box the executant of the document, or the person in whose presence it was so executed, or the person acquainted with the signatures of the executant etc. as the case may be -..........
Indian Penal Code, 1860, Section 302 -- Murder - Double murder in broad day light - Accused can be convicted on the basis of testimony of a single witness - Prosecution story very natural - Judgment of conviction calls for no interference - Appeal dismissed...........
Indian Penal Code, 1860, Section 302, 307 -- Order of acquittal - Significant contradiction in the matter of number of injuries, time of occurrence, place of occurrence, sequence of events, the manner of identification of the accused, lack of motive and false implication of one `M' - Witness made vital contradictions in his FIR vis-a-vis the supplementary statement..........
Essential Commodities Act, 1955, Section 7 -- Spurious cement - Recovery of 90 bags - Driver of vehicle from which bags were recovered stated that on the day of recovery none came to him to hire the said vehicle - No cement was loaded in the said vehicle on that day and cement was not recovered from the vehicle in question - He deposed that his signatures were obtained on..........
