Indian Penal Code, 1860, Section 380, 411, 413 -- Theft - FIR lodged against unknown persons - Subsequently, alleged recovered stolen ornaments with cash money was said to have been made from accused - Neither identity of recovered article was established nor produced before Court nor alleged recovered article was connected with incident of theft - More so, said recovered..........
Criminal Procedure Code, 1973, Section 239, Indian Penal Code, 1860, Section 504, 506 -- Discharge - Offence u/ss 504, 506 IPC - Allegation that accused with two or three other unknown persons, one of whom was holding a revolver came to complainant's house and abused him in filthy language and attempted to assault him and when some neighbours arrived they fled away - Said..........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 14(3) -- Production of documents - Suit for specific performance - Documents sought to be produced by way of application are not documents which ought to be produced in Court by plaintiff or ought to be entered in list of reliance at the time of presentation of plaint, as these documents never relied upon by plaintiff..........
Indian Penal Code, 1860, Section 302, 394, 34 -- Murder and robbery - Circumstantial evidence - Last seen evidence - Prosecution relied upon evidence of PW8 to show that accused and victims were last seen together - However, PW8 in her evidence stated that accused had come one day before in night and next day deceased persons died - PW8 is a child witness, neither she..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b), Criminal Procedure Code, 1973, Section 313 -- Recovery of 43 kg 500 gms ganja - Statement of accused - Evidence recorded in vernacular i.e in Marathi language, unknown to accused - No material on record that questions were put to accused in Hindi - Accused thus, have not understood questions put to them..........
Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 8 -- Murder - Motive - Accused is a builder and his business was running into losses and customers were asking for their money - Therefore accused killed an unknown person and put him on fire after pouring kerosene oil in order to fake his death to evade his liabilities - Prosecution established motive..........
Indian Penal Code, 1860, Section 376, 506(i), 450 -- Rape - Testimony of prosecutrix - Prosecutrix instead of informing the occurrence to her parents informed the same to A-2, which is unusual - Though prosecutrix able to depose that accused is known person to her but she informed the doctor that offence committed against her is by an unknown person - More so, no reason..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 139 kg ganja - Commercial quantity - Quantity of powder retrieved from each polythene packet is unknown - Total quantity of powder from which two samples were isolated, is also unknown - Percentage of ganja contained in sample tested by FSL is also not forthcoming - It cannot be held, that..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 40 kg 700 gms poppy husk - Identity of accused not established beyond doubt - Recovery effected from car which was abandoned by some unknown persons - No cogent evidence on record to show as to who is owner of car nor owner of car was joined in investigation nor he was examined in Court to..........
Indian Penal Code, 1860, Section 394, 302, 411 -- Robbery - Incident by three unknown persons and complainant stated that he can recognize them, if they are brought before them - However, no Test Identification Parade done by police authorities after arrest of accused - Recovery of stolen article not proved on record - Prosecution failed to prove its case - Accused rightly..........
