Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20(b)(ii)(C), 23(C) -- Recovery of 10 kg Charas - Plea of false implication - 10 kg charas recovered from possession of accused and market value of same is 1 crore - Hence, it cannot be presumed that police planted charas worth Rs.1 crore falsely - As regarding contention of accused that police demanded..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20(b)(ii)(C), 23(C) -- Recovery of 10 kg Charas - Report of FSL is a public document and admissible in evidence - There is no requirement to call Director of that Laboratory to get report proved - Report on record shows that sample sent to it was found to be charas - Remaining recovered charas was produced..........
Evidence Act, 1872, Section 8 -- Motive - To establish an offence by an accused motive is not required to be proved when case is based on eye witness account...........
Indian Penal Code, 1860, Section 302, 34, 120B, Evidence Act, 1872, Section 8 -- Murder - Circumstantial evidence - Motive - Deceased was having affair with sister of A-1 and that is why accused allegedly murdered deceased - However, none of witnesses have specifically deposed about deceased having an affair with sister of A-1 - Motive as alleged does not find..........
Criminal Procedure Code, 1973, Section 389(1), Prevention of Corruption Act, 1988, Section 8, Indian Penal Code, 1860, Section 120B -- Suspension conviction - When conviction is on corruption charge against a public servant, appellate Court or revisional Court should not suspend order of conviction during pendency of appeal even if sentence of imprisonment is suspended -..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23, 8, Evidence Act, 1872, Section 137 -- Petition u/s 23 of Senior Citizen Act - Summary procedure - Cross examination of witnesses - Right of cross examination of a witness cannot be taken away even in summary proceedings when Tribunal/Court decides to summon the witnesses or allows a party to..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23, 8, Evidence Act, 1872, Section 137 -- Petition u/s 23 of Senior Citizen Act - Summary procedure - Cross examination of witnesses - In the instant case, Tribunal allowed the parties to summon witnesses - Tribunal after recording examination-in-chief of witnesses did not allow their cross..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20 -- Bail - Recovery of 950 gms charas - Accused is not having any criminal history - Keeping in view facts and circumstances of case, nature of evidence, period of detention already undergone, unlikelihood of early conclusion of trial and also absence of any..........
Indian Penal Code, 1860, Section 302, 120B, Evidence Act, 1872, Section 3, 8 -- Murder - Circumstantial evidence - Motive - Husband being unhappy with wife hatched conspiracy with his brother and father, eventually murdering deceased - Husband may not be having a cordial relation with deceased but that itself not sufficient to hold with certainty that killing her was only..........
Indian Penal Code, 1860, Section 354A, 341, 323, 324, Protection of Children from Sexual Offences Act, 2012, Section 8 -- Outraging modesty of 15 years old girl - Prosecutrix was in semi unconscious state and her body was soiled with mud at the time of registration of FIR, as admitted by her - Doctor who examined prosecutrix stated that injuries found on body of..........
