Indian Penal Code, 1860, Section 376 -- Rape - Allegations that accused took prosecutrix to the nearby field and then committed rape on her - Prosecutrix and her father when going to lodge report, accused armed with gun threatened to kill them - Statement of prosecutrix trustworthy - Held, delay in lodging FIR stands duly explained - Accused held guilty even though there..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Poppy husk - Recovery of 30 kg. - Official witnesses - Non corroboration through independent source - Case of prosecution cannot be thrown out - However, when evidence of official witnesses, is found to be not cogent, convincing, reliable and trustworthy, then on account of non corroboration thereof,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Contraband - Seal after use not handed over to independent witness and no explanation for the same - IO not examined as he was reported to have died - Recovery witness produced by prosecution did not state a word that case property was produced by I.O. before S.H.O. in his presence and that SHO sealed the..........
Civil Procedure Code, 1908, Order 33, Rule 1 -- Indigent person - Permission to sue - Permission granted merely on the basis of affidavit without any corroboration - Order set aside - Matter remitted for decision afresh...........
Evidence Act, 1872, Section 32 -- Dying declaration - If dying declaration is satisfactory and convincing then no further corroboration from prosecution evidence is required and an accused can be convicted only on the basis of the same...........
Indian Penal Code, 1860, Section 376 -- Rape - Testimony of prosecutrix stands at par with that of an injured witness - Not necessary to insist for corroboration if evidence of prosecutrix inspires confidence and it appears to be credible...........
Evidence Act, 1872, Section 32 -- Dying declaration - Once Court is satisfied that the declaration is true and voluntary, it undoubtedly can base conviction on the dying declaration without any further corroboration...........
Evidence Act, 1872, Section 45 -- Opinion evidence of handwriting expert- It is a weak type of evidence - Order of conviction cannot be based on such opinion without any corroboration - It is not a substantial evidence...........
Indian Penal Code, 1860, Section 376 -- Rape - Statement of prosecutrix - Reliability - Generally no corroboration to the evidence of prosecutrix is necessary for basing conviction, still it has to be reliable for basing conviction - If there is any doubt about its reliability and trustworthiness, it cannot be treated as basis for conviction...........
Evidence Act, 1872, Section 24 -- Extra judicial confession - If reliable, trustworthy and beyond shadow of doubt the same can be made the sole foundation for conviction - Court by way of abundant caution, may look for some corroboration...........
