Prevention of Corruption Act, 1988, Section 7, 13(2) -- Illegal gratification - Recovery of Rs.200/- from Patwari who demanded money for entering of mutation in revenue record - Evidence of prosecution witnesses corroborated by circumstantial evidence and chemical test - Accused convicted and sentenced to 4 years imprisonment - Sentence neither excessive nor harsh - No..........
Evidence Act, 1872, Section 112 -- Presumption - If the husband had access to wife, children cannot be termed illegitimate merely on account of adultery of wife - Presumption can be displaced only by proof of non-access - Non access can be proved like any other physical fact by evidence, either direct or circumstantial- Proof of non-access must be clear and satisfactory...........
Criminal Procedure Code, 1973, Section 311 -- Evidence of witness - PWs 15 and 16 were not cross-examined on same day - In chief-examination, these witnesses have categorically deposed that petitioner had driven the vehicle, but they have subsequently denied same in cross examination - Held, it clearly shows that they were subsequently won over by accused - It is settled..........
Indian Penal Code, 1860, Section 420, Evidence Act, 1872, Section 45 -- Forged receipts - Handwriting expert - Opinion of handwriting expert that signatures on receipts were that of the accused - Held, no doubt, the science with regard to the identification, handwriting and signatures, is not conclusive like that of the science of identification of thumb impressions, yet..........
Indian Penal Code, 1860, Section 120B -- Criminal conspiracy - There cannot be direct evidence to prove criminal conspiracy - Ingredients of the offence are that there should be an agreement between persons who are alleged to conspire and the said agreement should be for doing an illegal act or for doing by illegal means an act which itself may not be illegal - The essence..........
Indian Penal Code, 1860, Section 34 -- If two or more persons intentionally do an act jointly, the position in law is just the same as if each of them has done it individually by himself - Provision of S.34 IPC is applicable if criminal act is done in furtherance of a common intention - Direct proof of common intention is seldom available - Such intention can be inferred..........
Circumstantial evidence -- Conviction can be based solely on circumstantial evidence but it should be tested by the touch-stone of law relating to circumstantial evidence...........
Circumstantial evidence -- Law as to - Enumerated...........
Circumstantial evidence -- Merely because blood stains were found on the jersey of the accused from the septic tank in the house of accused and burnt pant, that is inconsequential since his blood group is also `B' - Weapon used was stone whereas weapon recovered from the septic tank is `Kadbatodi' - No finger printing done - Blood of accused collected but same not sent for..........
Indian Penal Code, 1860, Section 34 -- Common intention - Joint liability - The liability of one person for an offence committed by another in the course of criminal act perpetrated by several persons arises if such criminal act is done in furtherance of common intention of the persons who join in committing the crime - Direct proof is seldom available - Intention can only..........
