Evidence Act, 1872, Section 27 -- Disclosure statement - Recovery of knife - Blood stained knife was recovered pursuant to disclosure statement of accused in presence of PW2 and PW3 - However, both PW2 and PW3 have stated in their evidence that police came with accused `R' and he dug out knife which was buried in the soil - Confession leading to a recovery of knife is..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 27 -- Murder - Disclosure statement - Recovery of weapon - Accused while in police custody confessed that he has murdered deceased by means of a gun and that he will show the spot of occurrence and produced gun before witness - No statement given by accused regarding information of place of concealment even..........
Evidence Act, 1872, Section 27, Arms Act, 1959, Section 25 -- Disclosure statement - Recovery of weapon of offence - Offence u/s 25 of Arms Act - Place of recovery was assessable to everyone - No independent witness had been joined at the time of recovery as villagers has shown their inability - I.O had not given any notice to any of witnesses and no action was taken..........
Criminal Procedure Code, 1973, Section 439, Arms Act, 1959, Section 25, Unlawful Activities (Prevention) Act, 1967, Section 10, 3, 15, 16, 17, 18, 18B -- Bail - Offence u/s 25 of Arms Act and Ss.10, 3, 15, 16, 17, 18, 18-B of Unlawful Activities Act - Petitioner was not named in FIR and was only roped on basis of disclosure statement of co-accused - Such statement is yet..........
Indian Penal Code, 1860, Section 228A -- Non disclosure of identity of rape victim - Directions issued that: (i) While framing charge, mentioning name of victim should be avoided and he/she should be referred to as `X' or any other alphabet Court deems fit and proper; (ii) While recording evidence if witness mentions name of victim, Court shall record that `witness stated..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67 -- Bail - Petitioner nominated as an accused on disclosure statement of co-accused - Complicity of petitioner will have to be determined by quality of evidence led during trial - As regarding self incriminatory statement of petitioner himself, since he is in custody..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 148, 149, 404, 216, 120B, Arms Act, 1959, Section 25 -- Bail - Murder - Petitioner was not named in the FIR - He was named only after disclosure statement of co-accused - Petitioner has been denied his personal liberty since 15.7.2019 - Trial of case is likely to take time - No useful purpose..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 27 -- Murder - Disclosure statement - Recovery of tip of knife - Tip of knife which was recovered on disclosure statement of accused was broken and it was not pointed but blunt - Whether type of stab and incised wound found on body of deceased could have been inflicted by a knife with a broken tip, is..........
Indian Penal Code, 1860, Section 302, 392, 420, 201, 34, Evidence Act, 1872, Section 27 -- Murder - Disclosure statement - Recovery of knife and rope - Recovery effected on disclosure statement of accused - PW4 and PW5 categorically stated in their deposition that recovery effected with the help of sniffer dogs - However, said fact is neither mentioned in FIR nor I.O in..........
Evidence Act, 1872, Section 27 -- Disclosure statement - Needs to be reduced into writing in order to make such statement admissible in evidence u/s 27 of the Act - However, non-recording of such statement will not be fatal to prosecution case...........
