Criminal Procedure Code, 1973, Section 309 -- Witness present in Court - Must be examined on that day - Case can be adjourned without examination of the witnesses present in Court for 'special reasons' after mentioning the same in the order...........
Criminal Procedure Code, 1973, Section 309 -- Day to day examination of witnesses - If not possible due to non co-operation of the accused or his counsel Court can remand the accused to custody or impose costs on the party seeking adjournment or when the accused is absent and the witness is present Court can cancel his bail if he is on bail unless an application is made on..........
Indian Penal Code, 1860, Section 302 -- Conviction for murder of brother-in-law - PW2 son of deceased was eye witness - PW3, PW4 & PW5 were witnesses of extra judicial confession - Trial Court and High Court placed reliance on evidence of PW2 to PW5 - Appeal against conviction - Non mentioning of PW2 as eye witness in FIR lodged by wife of deceased - Discrepancy in..........
Evidence Act, 1872, Section 157 -- Hearsay evidence - For its admissibility prosecution is required to establish that the version given by eye-witnesses was at or about the time when the fact took place - If the version of the eye witness is at the time of the incident, there is no difficulty in applying S.157 of the Evidence Act but in either case the only thing required..........
Child witness -- Only witness speaking about the incident - Held, extreme care and caution is required in scrutinising his testimony...........
Consumer Protection Act, 1986, Section 13, Constitution of India, 1950, Article 227 -- Complaint - Procedure - There is no power for the Forum to declare ex-parte or pass an order or take a decision ex-parte u/s 13 of the Act - Under Rule 4 Sub-rule 8 of the Kerala Consumer Protection Rules, power is given to the District Forum to decide the complaint ex-parte if the..........
Criminal trial -- Eye witness - Interested and inimical - It is unsafe to act on his evidence without any corroboration - Material witnesses available for corroboration but their non examination or withholding their evidence is a serious lacuna in the prosecution case - Non examination of another eye-witness whose name was mentioned in the FIR and who had witnessed the..........
Indian Penal Code, 1860, Section 302, 376 -- Rape and murder - Circumstantial evidence - Six circumstances - Only one circumstance that accused visited house of deceased on day of occurrence and let her go to an orchard to pluck flowers proved - Other circumstances viz that accused left house of informant together, accused and deceased were seen going towards orchard, seen..........
Indian Penal Code, 1860, Section 307 -- Conviction - Appeal against - Statement of the informant not consistent with the FIR and medical evidence on record - No eye witness except a child witness - Statement of child witness found to be incredible - Hazardous to sustain conviction on the sole testimony of P.W.1 - Appellant entitled for acquittal...........
Evidence Act, 1872, Section 138 -- Witness - Re-examination - Specific points for re-examination to be disclosed - Points not disclosed by plaintiff - Order permitting re-examination not sustainable...........
