Indian Penal Code, 1860, Section 376, 506 -- Rape - FIR lodged after 7 months of alleged incident of rape - Evidence of PW4 and PW5 not credible - Testimony of prosecutrix not corroborated by any other witness - Incident alleged to have taken place near a common path but no hue and cry allegedly raised by prosecutrix was heard by anybody - Accused cannot be convicted on..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(ii)(c) -- Recovery of charas - First independent witness/PW5 signed search and seizure documents but turned hostile - However, PW5 was duly confronted u/s 145 of Evidence Act, with his earlier statements to contrary u/s 161 Cr.P.C and did not deny his signatures - No prejudice on that account thus,..........
Indian Penal Code, 1860, Section 279, 304A -- Fatal accident - Rash and negligent driving - Death of two persons - Injured eye witnesses proved that accident occurred due to rash and negligent driving of accused - No material on record to disbelieve their evidence - Accused rightly convicted - However, since accused undergone jail sentence for about 15 days and is ready to..........
Evidence Act, 1872, Section 115 -- Estoppel - Title of immovable property normally cannot be said to have vanished by invoking principle of estoppel...........
Negotiable Instruments Act, 1881, Section 138, 145(1) -- Dishonour of cheque - Mandate of legislature is trial of such cases in a summary manner - Evidence already given by complainant by way of affidavit is sufficient proof of offence and this evidence is not required to be given again and has to be read during trial - Witnesses i.e. complainant and other witnesses can be..........
Negotiable Instruments Act, 1881, Section 138, 145(1), Criminal Procedure Code, 1973, Section 251 -- Dishonour of cheque - Evidence of complainant by way of affidavit - Cross examination of complainant - Permissible only when accused makes an application by pointing out on what point he wants to cross examine the witness(es) and then only Court shall recall the witness by..........
Negotiable Instruments Act, 1881, Section 138, 145(1), Criminal Procedure Code, 1973, Section 251, 482 -- Dishonour of cheque - Quashing of proceedings - Notice u/s 251 Cr.P.C already framed against accused and she pleaded not guilty and claimed trial - Application filed by accused u/s 145(2) of N.I Act allowed - Authorized representative of complainant already..........
Evidence Act, 1872, Section 114 -- Adverse inference - Non-examination of two material witnesses - Murder case - Two witnesses had seen the deceased jumping into canal - However, neither of two witnesses were examined at the trial and thus, evidently prosecution is guilty of concealing material evidence from Court which is sufficient to draw an adverse inference against..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Accused was not actually seen in the company of deceased any time soon before her death - Prosecution is guilty of concealing material witnesses from Court who had seen deceased jumping into canal and same cannot be casually discarded - Though injuries found on the private parts of deceased,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15(c), 8(c) -- Recovery of poppy husk - Sampling process - Sample seal was prepared on separate piece of paper and impressions of seal and that of DSP and SHO were not directly put on CFSL form at the spot - PW3 though admitted that he prepared three copies of CFSL form - However, there is no evidence on record..........
