Criminal Procedure Code, 1973, Section 164 -- Statement u/s 164 Cr.P.C - Can be used for corroboration and for contradiction unlike a statement u/s 161(3) Cr.P.C...........
Indian Penal Code, 1860, Section 302, 149, Evidence Act, 1872, Section 118 -- Murder - Competency of child witness - PW4/ son of deceased was 10 years old at the time of incident - He only knows Koya language and did not know Oriya language for which an interpreter was appointed - But Presiding officer has not preserved anything in record of questions put by him to PW4 and..........
Indian Penal Code, 1860, Section 302 -- Murder - PW1 stated that accused who happens to be his uncle was cutting neck of his father by a knife and when he rushed near spot, they fled away - However, PW1 in his cross-examination denied suggestion that neither he has mentioned in FIR nor stated before I.O that when he went to spot he saw accused was cutting neck of his..........
Evidence Act, 1872, Section 3 -- Contradiction between medical evidence and ocular testimony of sole eye witness - Murder case - When medical evidence is contradictory to ocular testimony advanced by sole eye witness, non-production of seized weapon and examination report as to whether that weapon had contained any blood stain is potential to make a dent in credibility of..........
Indian Penal Code, 1860, Section 302 -- Murder - Testimony of sole eye witness - Contradiction between medical evidence and ocular testimony of sole eye witness - Prosecution failed to provide any corroboration from any other source - Sole eye witness is not reliable - In such circumstances, absence of motive creates a dent - Accused has not attempted to maintain secrecy,..........
Indian Penal Code, 1860, Section 307, 452, 34 -- Attempt to murder - Material contradiction is on record as to who opened fire - Testimony of PWs is vacillating on this point and is not certain - Injured though a literate man has not identified the weapon used by accused - Specific identification of weapon of offence has not come out establishing its nature and..........
Indian Penal Code, 1860, Section 376, 511 -- Rape - Testimony of prosecutrix - Prosecutrix stated that when she was going to attend nature's call, accused `S' caught hold of her from behind and got her mouth gagged and accused and co-accused dragged her inside the sugarcane field and committed rape upon her one by one - When accused committed rape she got an opportunity to..........
Indian Penal Code, 1860, Section 302, 380, 411 -- Murder - Testimony of eye witnesses - Police station is situated only at distance of 11 km and police got no information about incident even though it has been claimed that two eye witnesses saw the incident in midnight - Even village chowkidar did not inform about the incident - Both the eye witnesses kept silent and did..........
Indian Penal Code, 1860, Section 376, 511, 448 -- Attempt to rape married lady - Prosecutrix corroborated the contentions advanced in written complaint and also explained delay for informing police - There was no contradiction in her evidence - PWs corroborated the version of prosecutrix - There is ring attached to version of prosecutrix which substantiates her initial..........
Hindu Marriage Act, 1955, Section 13(1)(i) -- Divorce - Adultery - Petition by husband - Husband alleged that wife was in adulterous relationship with her Jija (husband of her sister) - PW2 stated that he saw wife in compromising position with her jija - However, he is silent with regard to day, date and time of alleged act of adultery on part of wife - There is..........
