Indian Penal Code, 1860, Section 376 -- Rape - Testimony of victim - Victim extensively cross-examined by accused but nothing incriminating elicited from her so as to discredit her testimony - Testimony is corroborated partly by her father - Even though no injury found on the body or private part of victim, it cannot be a ground to disbelieve her testimony - Victim was..........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness - There must exist tangible and cogent reasons for summoning a witness again for re-examination or cross-examination - Applicant is required to demonstrate necessity of recalling witness to ensure a fair trial - Recall of a witness is not to be permitted as a matter of course rather discretion conferred upon..........
Criminal Procedure Code, 1973, Section 311 -- Recall of child victim - PW1/victim was examined before Trial Court and was thereafter extensively cross-examined by defence - Despite this accused filed an application u/s 311 Cr.P.C. seeking recall and re-examination of PW1 - However, accused has failed to specify any concrete basis or factual grounds justifying necessity for..........
Indian Penal Code, 1860, Section 302, 84 -- Murder - Plea of Insanity - Conviction - Medical report on record show accused normal - However, the medical examination of accused was only conducted during the pendency of appeal i.e. after 5 years from the incident - Further, the prosecution witnesses testified that accused mental condition was unstable both before and after..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - Right to put questions to witness recalled U.O.18.R.17 CPC is given only to Court and even cross-examination is not ordinarily permitted on the answers given to such questions, without leave of Court...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - Witness cannot be recalled at the instance of a party for the purpose of examining, cross-examining or re-examining - Power to recall and re-examine a witness is exclusively that of Court trying the suit...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - At the time of finding merit whatsoever in the application u/s 319 Cr.P.C., more than prima facie case is to be established from evidence led before Court which is not necessarily to be tested on the anvil of cross-examination...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Petitioner was neither named in FIR nor charge-sheeted after investigation and was in fact declared innocent by investigating agency - Summoning of petitioner u/s 319 Cr.P.C. is based solely on an isolated and untested statement made by PW1 during examination-in-chief, without benefit of..........
Indian Penal Code, 1860, Section 302, 307, 34 -- Murder - Non-explanation of injuries on persons of accused - Accused had received injuries on their body but no cross FIR was lodged by them - They got themselves medically examined after five days of incident - However, all the injured accused were medically examined by Government Doctor - Said injury reports were neither..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Criminal Procedure Code, 1973, Section 167(2) -- Recovery of brown sugar - Default bail - Charge sheet filed without Chemical Examination Report - A chargesheet filed within time but without a Chemical Examination Report, does not entitles the accused from getting default bail...........
