Negotiable Instruments Act, 1881, Section 138, 139, 118(a) -- Dishonour of cheque - Hand loan - Presumption - Probable defence on the part of accused established - Burden shifts on complainant to establish his case beyond a reasonable doubt - Complainant failed to discharge this burden as (a) well wishers in whose presence cheque was given to complainant not examined as..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 118 -- Murder - Child witness - Court straightaway administered oath to minor witness without recording satisfaction that minor was competent to depose - This raises a question mark on his testimony especially when a minor witness can be easily tutored - Moreover, contradictions were found in testimony of..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32, Criminal Procedure Code, 1973, Section 313 -- Murder of four members of family - Dying declarations - Evidence of PW11 about dying declarations made by deceased persons has not been put to accused in his examination u/s 313 Cr.P.C - Even the fact that dying declarations were made by deceased to PW11 was..........
Indian Penal Code, 1860, Section 302 -- Murder of four members of family - Non-explanation of injuries suffered by co-accused - Accused and co-accused were standing outside the room and were not allowing anybody to enter the room after pouring kerosene oil on victims - However, co-accused is himself a victim of fire - There is no explanation offered by prosecution as to..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - When an appeal against conviction is preferred before High Court, at the earliest stage, High Court must examine whether there is a proper statement of accused recorded u/s 313 CrPC (S.351 of Bharatiya Nagarik Suraksha Sanhita) - If any defect is found, at that stage same can be cured either by High..........
Ranbir Penal Code, 1989, Section 306 -- Abetment of suicide - Deceased and husband/accused were married for about thirty years and even after second marriage of husband, deceased had been living with accused and second wife for last 12 years - There being no complaint lodged by deceased in those long years with regard to any torture etc. by accused - No incriminating..........
Dowry Prohibition Act, 1961, Section 6(3) -- Return of dowry articles - Acquittal of accused in criminal trial would not warrant rejection of application for return of dowry articles...........
Criminal Procedure Code, 1973, Section 319, 482 -- Summoning of additional accused - Acquittal of main accused - Quashing of proceedings - If main accused are acquitted, no criminal proceedings can be sustained against other co-accused on same set of witnesses as there is no separate witness and on basis of testimony of same witnesses, accused were acquitted by trial Court..........
Negotiable Instruments Act, 1881, Section 138, 87 -- Dishonour of cheque - Material alteration - Correction in cheque amount - Accused put his signature with regard to correction - No explanation given by accused for such signatures - Even, counter signature made by complainant also not explained - Notice not replied - Rebuttal evidence also not given - Trial Court ought..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15 -- Contraband - Search and seizure - Evidence on record does not connect accused with commission of offence - Two labourers who assisted police in uploading contraband have not been named as PWs nor their statements have been recorded before trial Court - There is also no clarity as to how many samples..........
