Indian Penal Code, 1860, Section 364A, 120B -- Abduction for ransom - Criminal conspiracy - Victim identified accused in Test Identification Parade and also in Court - Victim cannot be disbelieved as such type of incident leaves in indelible impression upon the victim's mind - Accused was also identified by three PCO owners from where accused made calls - Ransom calls were..........
Evidence Act, 1872, Section 3 -- Tape recorded conversation - Can be identified either by the maker of the record or by others who recognise his voice...........
Indian Penal Code, 1860, Section 302, 323, 34 -- Murder - Identification of accused - Source of light - Complainant and witnesses as well as accused persons are residents of same place and known to each other - Even in absence of source of light accused persons may be identified by complainant and witnesses as known persons may be identified in darkness also by their..........
Voice identification -- Complainant not a person conversant with the voice of accused having met him only once prior to the incident - Complainant not competent to identify the voice of accused...........
Criminal Procedure Code, 1973, Section 165 -- Investigation - Taking of voice sample - Validity - Held, if an accused person is directed to give his voice sample during the course of investigation of an offence there is no violation of his right u/Art.20(3) of the Constitution - Voice sample is like finger print impression, signature or specimen handwriting of an accused -..........
Identification of Prisoners Act, 1920, Section 2(a), 4, 5, Criminal Procedure Code, 1973, Section 53 -- Taking of voice sample - Power of Magistrate - Held, a Magistrate acting u/s 5 of the Prisoners Act can give a direction to any person to give his voice sample for purposes of any investigation or proceeding under the Code...........
Identification of Prisoners Act, 1920, Section 5, Criminal Procedure Code, 1973, Section 53 -- Voice sample - Whether included in the definition of "measurements" under the Identification of Prisoners Act and in the Explanation to S.53 of the Code? - Held, no, voice sample is not included in the definition of "measurements" under the provisions of the abovesaid Acts...........
Negotiable Instruments Act, 1881, Section 138 - - Dishonour of cheque - Complaint - Delay of 10 days - Condonation of - Notice received by accused on 05.04.2005 - Complaint filed on 30.05.2005 i.e. after expiry of prescribed period - Though no petition filed u/s 473 of Cr.P.C., Magistrate took cognizance after expiry of period of limitation, while a petition u/s 5 of..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce petition by husband on ground of cruelty - Insulting behaviour of wife - Particulars about insulting behaviour of wife not given except stating that she used to insult in presence of her relatives - Not sufficient - After marriage wife is not executing slavery bond that she will not speak anything - Wife is entitled..........
Evidence Act, 1872, Section 9 -- Identification of voice - Is possible if there is evidence to suggest and indicate that witness was closely acquainted with accused to identity him from his voice and that too from short replies...........
