Evidence Act, 1872, Section 6, Indian Penal Code, 1860, Section 302 -- Res gestae - Murder - Prosecution alleged that PW7 was first person who reached the spot - However, PW7 turned hostile before Court and stated that she was not there on the spot at the time of occurrence and when she reached there deceased had already died - Evidence of PW7 not reliable...........
Negotiable Instruments Act, 1881, Section 138, 145(2) -- Dishonour of cheque - Recall of CW1 - Earlier application filed u/s 311 Cr.P.C. for recall of CW1 was rejected and since accused did not chose to challenge the said order, same attained finality - Accused thus, has no right to move another application with same prayer for same purpose on the ground that certain..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint filed through General Power of Attorney holder - GPA examined as a witness and cross examined - Thereafter complainant himself cannot be allowed to appear as his own witness as in that event complainant would get a chance to rectify the lacunae that surfaced during cross examination of his GPA..........
Indian Penal Code, 1860, Section 307, 324 -- Offence u/ss 307, 324 IPC - Injured witness had spoken in tune with prosecution case and deposed about assault committed on him - Inconsistencies were found in the evidence of PWs 2, 3 and 6 - There is insufficient evidence to establish with certainty the existence of an intention to cause death of victim - Accused rightly..........
Indian Penal Code, 1860, Section 307, 324 -- Offence u/ss 307, 324 IPC - Injured witness had spoken in tune with prosecution case and deposed about assault committed on him - Inconsistencies were found in the evidence of PWs 2, 3 and 6 - There is insufficient evidence to establish with certainty the existence of an intention to cause death of victim - Accused rightly..........
Indian Penal Code, 1860, Section 302, 307, 34 -- Murder - Injured witness/PW2 gave statement contrary to FIR - Testimony of injured witness is not reliable - PW2 did not know the name of father of deceased but in FIR name of father of deceased was written which was result of handiwork of police - No explanation as to why dead body of deceased reached from Najibabad to..........
Protection of Children from Sexual Offences Act, 2012, Section 10, 12, Indian Penal Code, 1860, Section 454, 506(II) -- Aggravated sexual assault on 7 years old boy - Testimony of victim - Alleged offence was committed with victim of tender age who got frightened by threats extended to him by accused - Statement of victim is of sterling quality - Inconsistencies,..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - There is strong evidence than mere probability of revisionist accused in the form of testimony of injured witness - In comparison to it, evidence on the basis of which Investigating Officer has exonerated revisionist accused is of a very weak nature - There is sufficient and cogent evidence on..........
Negotiable Instruments Act, 1881, Section 138, 145(2) -- Dishonour of cheque - Right of accused to cross-examine the witness was closed on the ground that he failed to file an application u/s 145(2) of the Act - However, on the said date he was exempted from personal appearance - Accused thus, was not afforded reasonable opportunity to file application u/s 145(2) of the..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Deceased sprinkled kerosene oil on her husband/accused and herself - It appears that deceased might be over sensitive due to drinking habit of accused and committed suicide - PWs did not support prosecution case - No independent witness has supported prosecution case that accused was instigating his wife to..........
