Criminal trial -- Presence at the time of occurrence - Accused known earlier not named in police statement - No allegation that his face was covered - Naming accused subsequently in Court statement for the first time - It is certainly an improvement over the earlier statement and cannot be considered as trivial and is a material omission - Accused acquitted on ground of..........
Limitation Act, 1963, Article 65 -- Suit for possession - Limitation - Accrual of cause of action - Period of limitation commenced when defendant filed written statement in the earlier suit denying title of plaintiff...........
Criminal Procedure Code, 1973, Section 193, 82 -- Summoning of accused and passing of proclamation order u/s 82 Cr.P.C against him - Police sought discharge of petitioner from case - Even statement of ASI is to the effect that petitioner is to be discharged from the case - Subsequently, when inquiry was conducted in the application filed on behalf of other accused, earlier..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Suppression of earlier FIR - FIR in hand cannot be considered as FIR - At the most it can be considered as statement recorded u/s 161 Cr.P.C. - Delay in lodging FIR not explained - These factors together cast grave doubt on the credibility of prosecution version and lead to conclusion that there has been an attempt to..........
Evidence Act, 1872, Section 155, 145 -- Impeaching credibility of witness - Confrontation to his earlier admitted statement recorded u/s 161 Cr.P.C - Accused has a right to get a fair trial and for that he is required to be given reasonable opportunity to defend himself in trial to permit him to confront witnesses with statement and other evidence upon which prosecution is..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - At appellate stage - Amendment sought to incorporate certain facts, which ought to be pleaded in written statement, have not been pleaded - However, facts sought to be added in pleadings are not such which were not known to defendant earlier - Amendment sought to be made by defendant is aimed..........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness - Application moved by prosecutrix for her re-examination was dismissed on the ground that earlier statement given by her was under threat of CBI - Said order was not challenged for 2 years - Order challenged after application by accused u/s 311 Cr.P.C. was dismissed by trial Court - Petition filed by..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - As per material on record, application u/s 319 Cr.P.C. was allowed after entire prosecution evidence as well as statement of accused had been recorded by the trial Court - Even, there is no such material on record which can satisfy the Court as to what prevented the prosecution or the trial..........
Civil Procedure Code, 1908, Order 9, Rule 13, Evidence Act, 1872, Section 145 -- Ex parte decree - Set aside - Evidence recorded prior to setting aside ex parte decree is wiped out - Evidence recorded earlier can be used to confront said witnesses, as permissible u/s 145 Evidence Act, being previous statement of witnesses...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, Evidence Act, 1872, Section 154 -- Recovery of 4 kg 400 gms charas - Hostile witness - Recovery effected from bag kept beneath three seater bench of bus - Independent witness supported prosecution case, whereas, PW3 (conductor of bus) desisted from lending support to entire prosecution case - However, PW3..........
