Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2), Evidence Act, 1872, Section 101, 102 -- Criminal misconduct - Assets disproportionate to known source of income - Burden of proof - Primary burden to bring home charge of criminal misconduct is on prosecution - It is only on discharge of such burden by prosecution, if accused failed to satisfactorily account for..........
Evidence Act, 1872, Section 65B -- Tape recorded conversation - Original cassette by which ransom call was tape recorded - It is primary evidence - Certificate u/s 65-B of Evidence Act not required - However, for admission of secondary evidence of electronic record a certificate as contemplated by S.65-B of Evidence Act is mandatory...........
Evidence Act, 1872, Section 7 -- Tape recorded conversation - Original cassette by which ransom call was recorded - Conversation recorded is primary evidence which is relevant u/s 7 of the Act...........
Evidence Act, 1872, Section 110 -- Burden of proof - Proof of guilt of accused - Primary burden always remains on prosecution to establish guilt of accused which is not only cardinal principle of criminal jurisprudence but also enshrined in S.101 of Evidence Act...........
Evidence Act, 1872, Section 68 -- Examination of attesting witnesses - Of no avail once document itself is not proved by primary evidence and no evidence of circumstances permitting leading of secondary evidence is given...........
Succession Act, 1925, Section 276 -- Probate - Will and codicil - Original documents not on record and there is no evidence as to what happened to them - Though petitioner was allowed to prove the same by secondary evidence, but he failed to lay foundation for leading secondary evidence - Said document purport to be registered even if original thereof was not available,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c) -- Recovery of charas - Tampering of samples - PW6 stated that samples were with him for 16 to 17 hours but he utterly failed to prove that when samples were taken from Malkhana who was the I.O with him at that time - Even G.D entry in this regard not proved - Prosecution utterly failed in proving..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, Evidence Act, 1872, Section 73 -- Cheating and forgery - Conviction based on opinion of handwriting expert - Accused purchased electronic goods from complainant and in lieu of that handed over forged demand draft - Handwriting on forged demand draft found to be that of accused by handwriting expert - Accused used forged..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Condition precedent is that said document is in existence and also that original or primary evidence thereof is either lost, missing or not available...........
Evidence Act, 1872, Section 64, 65 -- Hearsay evidence - Newspaper reports regarding incident can only be treated as merely `hearsay' in the matter and nothing more - However, when a reporter has reported something and if it is from his personal knowledge, definitely it can be primary evidence, provided, said person is examined to prove those statements - If not, it..........
