Indian Penal Code, 1860, Section 302, 392, 397, 34 -- Murder - Accused `B' was arrested after one year from the incident - Test identification parade was also conducted after 13 months from the incident - Police officers were not taken to identification parade - Prosecution relies on recovery on key allegedly from accused `B', but this evidence is also disbelieved, as not..........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Circumstantial evidence - Identification of rings worn by deceased - Naib Tehsildar has stated that at the time of recovery of dead body, she noticed that rings in the hand of deceased - However, neither father nor brother of deceased stated that seized rings belonged to deceased and they had seen the rings in the..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Skelton of deceased was found wrapped in cloth - Though skeleton was sent to Forensic examination but no DNA profiling was made - Evidence regarding identification of dead body of deceased is not conclusive - Prosecution has not explained discrepancies in the investigation of case - Pair of anklet was found and seized..........
Indian Penal Code, 1860, Section 302, 396, 364, 147, 149, 120B -- Murder - Circumstantial evidence - Identification of accused - When there was huge time gap of about more than six months between date of incident and date of recording of statements of witnesses by I.O, Test Identification Parade (TIP) would have assisted police in identifying accused seen by PW7 - However,..........
Indian Penal Code, 1860, Section 302, 396, 364, 147, 149, 120B -- Murder - Circumstantial evidence - Identification of dead body - Corpus found after almost 5 months from the date of incident and was in a highly decomposed condition - Identification was done by getting skull super imposition test done through forensic expert - However, since super imposition report was not..........
Criminal Procedure Code, 1973, Section 451, 457 -- Release of seized vehicle - Application for release of vehicle cannot be rejected on the ground of identification, as photographs of vehicle with panchnama by I.O can be taken while releasing vehicle...........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused - Long complicated and confusing question was put to accused - Even though accused admitted such question, but in absence of substantive piece of evidence in Court regarding identification of accused, answer given by him cannot held to be sufficient to prove charges - Accused acquitted...........
Indian Penal Code, 1860, Section 363, 354(A)(i), 511, Protection of Children from Sexual Offences Act, 2012, Section 8 -- Kidnapping - Sexual assault - Identification of accused - Accused not identified by victim, her mother and her father - No substantive evidence regarding identification of accused in Court - No TIP was conducted in the case - Evidence of other witnesses..........
Civil Procedure Code, 1908, Section 151, Order 11, Rule 12 -- Production of documents - Plaintiff by way of application sought production of title record along with site plan so as to facilitate him in identification of property in question, which were in possession of defendants - However, plaintiff has not placed anything on record to show that title documents are in..........
Evidence Act, 1872, Section 9 -- Test Identification parade (TIP) - TIP sought to be carried out by I.O after a period of 11 years and after registration of complaint, cannot be permitted, particularly when finger prints of accused were found to be not matching with that found at the scene of occurrence - Order allowing TIP set aside...........
