Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Mere change of counsel would not suffice to recall witness to put certain suggestions in the manner new counsel desires...........
Evidence Act, 1872, Section 3 -- Relative/interested witness - Evidentiary value of close relative/interested witness is not liable to be rejected on the ground of being a relative of deceased...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - To examine an attesting witness of Will - Petitioner had been working on the witness over a long period of time to depose in his favour - Petitioner had full liberty to produce the witness and get him examined before trial Court - Time to tutor a witness cannot be granted - Dismissal..........
Negotiable Instruments Act, 1881, Section 4, 118 -- Pronote - Defendant admitted his signatures on pronote and receipt - Plea that signatures were obtained fraudulently - No evidence on record to indicate perpetuation of any fraud and misrepresentation - Decretal of suit calls for no interference...........
Negotiable Instruments Act, 1881, Section 4, 118 -- Pronote - Consideration - DW1 stated that he was present at the time of execution of pronote and receipt but consideration amount was never handed over in his presence - DW1 is nephew of defendant - Admittedly nether pronote nor receipt bear signature of DW1 - In fact DW1 in his cross examination admitted that he was not..........
Indian Penal Code, 1860, Section 387 -- Offence u/s 387 IPC - Allegation that accused came to house of complainant and called him outside and started abusing him and demanded Rs.5000/- and also fired shot in the air in order to threaten complainant - Averments made in FIR corroborated by victim - Eye witness corroborated the complainant's version - Accused failed to..........
Indian Penal Code, 1860, Section 376, 354(A)(1)(ii), Protection of Children from Sexual Offences Act, 2012, Section 4, 8 -- Rape of 5 years old girl - Testimony of victim - Victim admitted in her cross-examination that her parents were present at the time of recording her statement u/s 164 Cr.P.C - She stated that her parents had told her how to give statement - Victim..........
Indian Penal Code, 1860, Section 376, 354(A)(1)(ii), Protection of Children from Sexual Offences Act, 2012, Section 4, 8 -- Rape of 5 years old girl - Delay in lodging FIR is not of significance - However, conduct of mother of victim is not taking victim to doctor, despite noticing an injury on her private parts and victim complaining of passing reddish color urine, is..........
Indian Penal Code, 1860, Section 376D, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(V) -- Rape - Statement of victim is not of sterling quality and there is no corroboratory evidence on record - Husband of victim who has been produced as eye witness of crime has also given contradictory statement - Medical evidence does not..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - While exercising power u/s 319 Cr.P.C. Court has not to wait till cross-examination - On the basis of examination-in-chief of a witness if a case is made out, a person can be summoned to face trial u/s 319 Cr.P.C...........
