Indian Penal Code, 1860, Section 302 -- Evidence of eye witness, a close relative of the victim who was still alive when he noticed that he was assaulted by the accused - Did not take him to hospital and went to his office and then to his house - Did not inform the police or any of the relatives or any body else - Not explained how the police came to know that he had seen..........
Indian Penal Code, 1860, Section 302, 324 -- Acquittal by trial Court - Conviction by High Court - Trial Court rejected evidence of PWs 1, 3 and 7 for valid reasons - Evidence of PW1 was contrary to medical evidence and High Court wrongly came to conclusion that medical evidence supported oral evidence of PW 1 - PW 1 was injured witness and he admitted that due to poor eye..........
Prevention of Corruption Act, 1988, Section 13(2), 7 -- Bribe money - Independent witness given up - Shadow witness related to complainant - Payment of bribe money cannot be believed as not corroborated by any independent witness - Accused acquitted...........
Criminal trial -- Related witness - Ground that the witness being a close relative and consequently being a partisan witness, should not be relied upon, has no substance...........
Criminal trial -- Related witness - Relationship is not a factor to affect credibility of a witness - It is more often than not that a relation would not conceal actual culprit and make allegations against an innocent person - Foundation has to be laid if plea of false implication is made - In such cases, court has to adopt a careful approach and analyse evidence to find..........
Criminal trial -- Link evidence - Witness who tested the illicit liquor and re-sealed the same not examined - No doubt his report was tendered in evidence but report was required to be proved by examining him in the Court - Accused acquitted...........
Criminal trial -- Independent witness - Joined at the time of search but not examined as a witness - It is a serious infirmity...........
Criminal Procedure Code, 1973, Section 200 -- Pre-charge statement - Cannot be taken into account if witness is not examined after framing of the charge...........
Prevention of Food Adulteration Act, 1954, Section 16(1)(a), 2(ia)(f) -- Independent witness with regard to taking of sample not examined - Accused acquitted...........
Criminal trial -- Solitary witness - Conviction can be based on the evidence of a solitary witness if it is found reliable and trustworthy and inspires confidence...........
