Indian Penal Code, 1860, Section 302, 201, 34, Arms Act, 1959, Section 25 -- Murder - Eye witness/PW10 to the incident though stated that he saw accused assaulting deceased but said statement of PW10 not find place in his diary statement - Not even a whisper is there in his diary statement that incident took place in his presence - Improvement resorted to by PW10 and..........
Evidence Act, 1872, Section 32 -- Dying declaration - Hearsay evidence - Dying declaration is one of the exceptions to the rule of hearsay evidence - There is no absolute rule of law that the dying declaration cannot form the sole basis of conviction unless it is corroborated as rule of corroboration is merely a rule of prudence...........
Evidence Act, 1872, Section 32 -- Dying declaration, which otherwise comes in the category of hearsay evidence finds admissible u/s 32 of the Act - It alone can form the basis for conviction if it inspires confidence in the Court as having been made by victim voluntarily under imminent threat of death and appeared natural with no circumstances to doubt its credibility...........
Evidence Act, 1872, Section 3, 45 -- Hearsay evidence - It is inadmissible unless the statue provides for it - Expert opinion is no way an exception to it being opinion of a third person inadmissible as a general rule, but for Ss.45 to 51 of Evidence Act...........
Evidence Act, 1872, Section 6 -- Res-gestae - Hearsay evidence is admissible if it fulfils the requirements of S.6 of the Act...........
Indian Penal Code, 1860, Section 304B -- Dowry death - Deceased died within 7 years of her marriage - However, cause of death not ascertained, as post-mortem of deceased not performed - Statement of father of deceased, about death of deceased is based on hearsay and speculations, as he admittedly not seen the dead body of deceased - In absence of any evidence of death in..........
Criminal Procedure Code, 1973, Section 156(3), 190(1)(a), Prevention of Corruption Act, 1988, Section 13(1)(c), 13(1)(d), 13(2) -- Complaint - Offence u/ss 13(1)(c), 13(1)(d), 13(2) of P.C. Act - Forwarding complaint u/s 156(3) Cr.P.C. for investigation - When complaint did not disclose anything to have even a quick verification in the matter, Court below ought not to have..........
Evidence Act, 1872, Section 64, 65 -- Hearsay evidence - Newspaper reports regarding incident can only be treated as merely `hearsay' in the matter and nothing more - However, when a reporter has reported something and if it is from his personal knowledge, definitely it can be primary evidence, provided, said person is examined to prove those statements - If not, it..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Testimony of prosecutrix - Prosecutrix attained the age of majority at or before the time of incident - FIR and statement of witnesses of fact are based on either suspicion and apprehension or on hearsay evidences and do not support the facts of charge - Prosecutrix herself admitted that she performed..........
Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 6 -- Rape of 11 years old minor girl - Hearsay evidence - Prosecutrix stated that PW3 came to the occurrence and rescued her - She told the entire occurrence to PW3 - Evidence of prosecutrix and PW3 squarely fall within the ambit of S.6 of the Evidence Act and the evidence of PW3 is not hit by hearsay rule...........
