Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of Tramadol tablets - Bail - Petitioner has been arraigned as an accused on basis of a disclosure statement - Legality and veracity of same is yet to be tested - Petitioner is in incarceration for last almost two years and trial is yet to start -..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302, 498A, 34 -- Multiple dying declarations - Murder - Allegation against husband and sister-in-law - Deceased initially named her husband alone as person who set her on fire - There is no reference to sister-in-law in this statement or any demand for dowry - Subsequently, deceased stated that she had been..........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Testimony of eye witnesses - Four persons were examined as eye witnesses - They all maintained a studied silence about incident for over two weeks to almost a month - Only explanation given by them is that since they were threatened by accused that he would finish them also, they kept quiet - Despite the fact that..........
Criminal Procedure Code, 1973, Section 156(3) -- Pre-cognizance stage - Rejection of complaint - Power of Magistrate - Magistrate has power to tests truth and veracity of allegations levelled against accused and if there is no substance in averments of complainant then at pre-cognizance stage, complaint may be dismissed u/s 156(3) Cr.P.C...........
Indian Penal Code, 1860, Section 279, 304A -- Accident - Rash and negligent driving - Offending vehicle hit a three wheeler goods carrier - Deceased himself has risked his life by sitting on a three wheeler goods, which was made for carrying goods only and that too in a busy and crowded road which is obviously accident prone zone - Carrier was being paddled by PW7 - Most..........
Indian Penal Code, 1860, Section 376 -- Rape - False promise of marriage - Love affair between prosecutrix and accused - Accused did not make any false promise or intentional misrepresentation of marriage leading to establishment of physical relationship between parties - Both the parties belong to different religion and prosecutrix herself aware of obstacles in their..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 304B, 498A -- Oral dying declaration - Dowry death - Cruelty - Death by burning - 95% burn injuries - Dying declaration was made to PW2 in presence of doctor and nurse - However, prosecution failed to produce best evidence viz. doctor and nurse - Withholding of best evidence affects credibility and veracity..........
Criminal trial -- Delay of 1-1/2 months in recording statements of prime eye witnesses - Not the case of prosecution that those eye-witnesses were not traceable - Failure of investigating agency to act promptly and record statements of Eye-witnesses without any unreasonable delay, casts doubt on the veracity of prosecution and seriously affects the credibility of..........
Evidence Act, 1872, Section 64 -- Contents of a document - Mere filing or exhibiting a document in Court doe snot amount to proving its contents - Admission of documents in Court may amount to admission of its contents, but not the veracity of those - Only documents produced and exhibited in the course of evidence alone could be relied on - Documentary evidence must be..........
Criminal Procedure Code, 1973, Section 482, 177, 178, Indian Penal Code, 1860, Section 498A, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of proceedings - Lack of territorial jurisdiction - Allegation of thrashing and abusing and snatching her son - Offence said to be committed within area of place `G' - Veracity of this fact is to be seen by trial Court..........
