Evidence Act, 1872, Section 3, 157, 159, 145 -- Post mortem report by itself is not substantive evidence - Doctor's statement in Court is alone the substantive evidence - Post mortem report can be used only to corroborate statement of doctor u/s 157, or to refresh his memory u/s 159 or to contradict his statement in witness box u/s 145 of Evidence Act...........
Evidence Act, 1872, Section 45 -- Expert opinion - Medical witness called in as an expert to assist Court is not a witness of fact and evidence given by medical officer is really of an advisory character given on the basis of symptoms found on examination...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque that has been place on record of trial Court also does not indicate as to on which branch the same has been drawn - Accused has in statement recorded u/s 242 of Cr.P.C, specifically denied having issued cheque and further stated that account in question does not pertain to accused - Question of..........
Criminal trial -- Recovery of blood stained shirt of accused - Matching of blood group - Mere matching of blood group itself is not sufficient to convict accused when recovery of shirt of appellant is unbelievable as witness to recovery had turned hostile...........
Criminal trial -- Matching of blood group - Even assuming that blood group matches completely, that alone cannot lead to a conclusion of the culpability of accused in the absence of a detailed serological comparison and it cannot be used as an incriminating piece of evidence as against the appellant, when especially, the recovery of the shirt of the appellant is..........
Criminal trial -- Except the official witnesses, no independent witness has supported the case of prosecution - Accused cannot be convicted on the reasoning that medical evidence is corroborated by statement of witnesses recorded u/s 164 Cr.P.C. - Accused acquitted...........
Criminal Procedure Code, 1973, Section 164 -- Statement recorded u/s 164 Cr.P.C - Not a substantive evidence - It can be used to corroborate statement of a witness and to contradict a witness...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Power of attorney holder - Law as to : (i) Complaint can be filed through power of attorney holder; (ii) Power of attorney holder can depose and verify on oath to prove the contents of complaint; (iii) However, power of attorney holder must have witnessed the transaction as an agent of the payee or..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Dismissal of claim petition - Death - Entire story as set up by claimants seems rather improbable inasmuch as person who was a witness to a serious accident and was stated to have chased offending truck for 1 1/2 kilometers to note down its registration number would not inform police when admittedly he had a mobile phone..........
Indian Penal Code, 1860, Section 376, 506 -- Rape - Neither any medical evidence nor scientific evidence was available to corroborate the case of victim - No visible marks of violence were present on external part of body of victim or on sexual organs - Moreso, no hue and cry raised by victim after accused left her house - Father of victim was neither cited nor examined as..........
