Evidence Act, 1872, Section 159, 160 -- Examination of Investigating Officer - Refreshing memory from case file - Investigating Officer can refresh his memory from case file and same is not contrary to law...........
Criminal trial -- Material discrepancies - Quantity of sample purchased 700 gms. whereas in complaint this quantity mentioned as 900 gms. - PW1 stated that sample was made homogeneous on a piece of paper whereas in cross examination this witness stated that sample was made homogeneous on a piece of newspaper - These are not material discrepancies as with passage of time,..........
Criminal trial -- Identification parade - Law as to - (i) Identification tests do not constitute substantive evidence - They can only be used as corroborative of the statement in court - (ii) The main object of holding an identification parade during the investigation stage, is to test the memory of the witnesses based upon first impression and also to enable the..........
Indian Penal Code, 1860, Section 376(2)(f) -- Rape - Prosecutrix aged 5/6 years - Refreshing of memory - When she was not receiving any education, it cannot be said that hers was a sharp memory and she could depose to the details of the occurrence without her memory being refreshed - Fact that she was raped is suggested by the state of her vagina, which was brought out in..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Effort to destroy evidence by packing dead body in the form of a parcel to send it to another place through Railway - Evidence of Rickshaw-puller who transported that parcel from premises of appellants to Railway Station - Does not suffers from doubt on his memory to remember this after a long..........
Criminal trial -Criminal trial - Identification of a stranger by victim - Possible only if victim get sufficient time and opportunity of seeing the culprit and thereafter impressing his features, identification marks, in his memory so as to allow him to collect it at the time of test identification parade - It is not possible when incident takes place suddenly, in a..........
Will -- Execution - Proof - Lies on the propounder of the Will - Court's conscience must be satisfied that it is the last Will of a free and capable testator i.e. testator was in a sound and disposing sate of mind and memory - Onus is discharged if propounder leads evidence to show that the Will bears the signature and mark of the testator and that the Will is duly..........
Criminal trial -- Appreciation of evidence - Contradictions - Only material particulars can be used to discredit the testimony of the witness - Omission in the police statement by itself does not necessarily render the testimony of witness unreliable - Version given by the witness in Court if different in material particulars from that disclosed in earlier statements, the..........
Indian Penal Code, 1860, Section , 302, Terrorists and Disruptive Activities (Prevention) Act, 1987, Section 5, Arms Act, Section 27 -- Test identification parade - Deceased shot dead on 24.2.1994 at about 8.15 P.M. in the city - PW3, who was accompanying deceased and another eye-witness PW4 identified appellant in test identification parade and then they identified..........
Evidence Act, 1872, Section 159 -- Right of Investigating Officer to refresh memory by looking into records - Records are the contemporaneous entries made by him and hence for refreshing his memory it is always advisable that he looks into those records before answering any question...........
