Criminal trial -- Defective investigation - Not to lead to acquittal of accused...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 29, 50, 67 -- Contraband - Recovery of 50,000 pardon tablets and 149 kgs of methaqualone powder from godown, office and residence of 1st respondent - Recoveries doubtful - Recoveries did not disclose facsimile of seals, weight of sample drawn and manner in which same was sealed - There is no explanation for..........
Indian Penal Code, 1860, Section 302, 364 -- Murder - Conviction - Appreciation of evidence - No evidence on record to connect accused P and R with crime except the statements of main accused M and complainant B - Statement of B are not sufficient for recoding the findings of conviction - M being accused, his statement alone cannot be read against co-accused -..........
Indian Penal Code, 1860, Section 376(2)(f), Evidence Act, 1872, Section 154 -- Rape of 9 years old minor girl - Prosecutrix turned hostile and failed to identify accused in dock - It cannot be a relevant fact and reason for acquittal of accused, particularly when medical evidence fully corroborates the offence of rape committed upon prosecutrix...........
Criminal trial -- Dispensation - of justice in a criminal trial is a serious matter and cannot be allowed to become a mockery by simply allowing prime PWs to turn hostile as a ground for acquittal...........
Criminal Procedure Code, 1973, Section 397, 401, 256 -- Revision - Maintainability - Order of acquittal u/s 256 Cr.P.C - Revision not maintainable against such order, provided the same is invoked appropriately and in a judicious manner...........
Criminal Procedure Code, 1973, Section 256, 204 -- Dismissal of compliant u/s 256 Cr.P.C - At the stage of issuance of process - Compliant dismissed on account of no, payment of process fee or other fees by complainant within reasonable time - Complainant not complying the Court's direction - Provision of S.204(4) Cr.P.C is thus, applicable - Magistrate was to dismiss the..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Conviction - Testimony of witnesses - Witnesses stated death was caused by strangulation whereas FSL report and statement of doctor revealed consumption of insecticide as cause of death - No injury marks found on body of deceased - No evidence to show that insecticide was administered by appellants - Witnesses of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - High Court convicted accused in appeal against order of acquittal by trial Court - High Court has not analysed evidence and assumed certain facts, as if they have been proved and proceeded to unsettle judgment of acquittal - Approach of High Court held, erroneous to overturn judgment of acquittal -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii), Excise Act, Section 60 -- Contraband - Delay in sending sample to laboratory - No evidence to show how and in what condition recovered contraband and sample were kept in the meantime and how and in what conditions the articles were preserved at the police station and how safely they were taken from..........
