Criminal Procedure Code, 1973, Section 228 -- Charge - At the stage of charge, evidence sufficient to prove the charge is not necessary - If there is evidence to presume that offence is committed, charge can be framed...........
Criminal Procedure Code, 1973, Section 228 -- Charge - At the stage of framing charge it is not necessary that there should be sufficient evidence, which is likely to prove the charge - Only prima facie evidence is sufficient from which it may be presumed that the accused would have committed offence...........
Indian Penal Code, 1860, Section 34 -- Common intention - It being essentially a state of mind it is very difficult to produce direct evidence to prove such intention - It has to be inferred from the act like, the conduct of the accused or other relevant circumstances of the case - Inference can be gathered by the manner in which the accused arrived at the scene, mounted..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Agreement to sell - Photostat copy - Can be received as secondary evidence subject to satisfaction of conditions laid down in the provision - Person intending to adduced secondary evidence has to prove to the satisfaction of Court, the existence, condition, or contents of the original - For this purpose independent..........
Indian Penal Code, 1860, Section 302, 323 -- Kulhari blow on neck - Death - Blood stained kulhari and pant of accused seized - Accused beating M - Deceased intervened and he dealt with kulhari blow by accused twice including one on neck - Clear intention of causing death - Displeasure of accused with deceased on adopting son of M - Motive established - Even if deceased was..........
Rent and Eviction -- Demolition and reconstruction - Bona fide requirement - Even a good building can be demolished if it is not suitable for the requirement of the landlord - It is not necessary for the landlord to prove that the condition of the building is such that it requires immediate demolition particularly when the premises is required by the landlord...........
Indian Penal Code, 1860, Section 471 -- Forgery - Ingredients - (i) fraudulent or dishonest use of document as genuine - (ii) knowledge or reasonable belief on the part of person using the document that it is a forged one - To attract section 471 it is not necessary that accused himself had forged the document or person independently charged for forgery of the document..........
Indian Penal Code, 1860, Section 376, 323, 34, Evidence Act, 1872, Section 114A -- Three accused persons committed acts of sexual assault at three different places - Medical evidence and particular positive evidence as to tenderness of the vaginal portion of the prosecutrix proved multiple acts of intercourse - Even by taking assistance of S.114A Evidence Act, prosecution..........
Indian Penal Code, 1860, Section 304B, 306 -- Charge u/s 304-B - Accused can be convicted u/s 306 IPC even in absence of a charge thereto if evidence is there to prove the charge...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Poppy husk - Recovery of 100 bags lying in a field in the village and accused found sitting on those bags - Accused belonged to different villages - No investigation was made as to how bags were transported to place of incident - No evidence to show ownership of poppy husk - Failure to give satisfactory..........
