Indian Penal Code, 1860, Section 302, 307, 149, 148 -- Murder - Defective investigation - Place of occurrence not ascertained - Prosecution failed to examine one person which was also injured in the same incident - No independent witness adduced by prosecution - Though charges u/s 307 IPC is framed but prosecution failed to substantiate the same by means of evidence -..........
Protection of Children from Sexual Offences Act, 2012, Section 5(m), 5(n) -- Sexual assault of minor girl by her own father - Allegation made by NGO worker PW6 - False implication - Medical evidence not suggestive that accused committed penetrative sexual assault upon victim - Victim was tutored after being removed from custody of her father and testimony of victim is the..........
Criminal trial -- Defective investigation - Not to lead to acquittal of accused...........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25(1B)(a), 27(1) -- Murder - Gunshot injury - All eye witnesses of incident turned hostile - There was thus, absolutely no evidence to prove the fact that accused was present at the spot and came with an unlicensed fire arm which he fired in air five times and sixth one injured the deceased - Although six empty..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 4 kg opium - Search and seizure - Defective investigation - Non-examination of ASI and one person who signed consent memo and sealed samples along with PW1, were surely matters for investigation - However, no explanation given for the same - Case property was retained by PW1 in his private..........
Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2) -- Assets disproportionate to known source of income - Allegation that A-1 acquired disproportionate assets more than his known sources of income and A-2 aided to offence committed by A-1 - All the PWs have deposed about their role played in prosecution case - However, perusal of relevant exhibits not inspired..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Recovery of huge quantity of medicines - Defective investigation - Contraband recovered from accused bearing name of company, date of manufacturing, date of expiry, batch number etc. - However, no efforts made by I.O to enquire from concerned company or its wholesaler as to who purchased this huge quantity..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Recovery of huge quantity of medicines - Defective investigation - Overwritings of date in material documents - No explanation given for such overwritings in material documents by prosecution which is fatal to prosecution case...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 2 kg 500 gms heroine - Search and seizure - Offer of search as per S.50 of the Act is given to petitioners - Mere use of words `other department or Magistrate can be called at the spot without delay' would not render prosecution case doubtful and offer made defective - Compliance of S.50 of the..........
Sale of Goods Act, 1930, Section 42 -- Defective goods - Intimation to seller not sent - Defendant cannot contend that payment cannot be claimed by plaintiff on account of having supplied defective goods...........
