Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Accused being a doctor demanded Rs.1000 from complainant to carry out her surgery - Crucial evidence as to demand and acceptance of bribe amount by accused is consistent - Minor inconsistency in the evidence of PWs would not matter at all - More so, complainant was not verbally..........
Criminal Procedure Code, 1973, Section 202(2) -- Inquiry u/s 202 Cr.P.C. - In case complainant's evidence on oath itself is sufficient, Magistrate will not re-examine him on oath again following mandate of S.202 Cr.P.C. - Though word `shall' is used in the provision but that does not mean that Magistrate is bound to examine and conduct an inquiry where facts of case do not..........
Evidence Act, 1872, Section 9 -- Test identification parade (TIP) - Where accused persons are apprehended at the instance of complainant or complainant immediately on their apprehension identifies them, a TIP conducted is an idle formality and not the requirement of investigation...........
Evidence Act, 1872, Section 9, Indian Penal Code, 1860, Section 392, 397, 34 -- Test identification parade (TIP) - Robbery - Complainant identified the accused on verification, TIP was thus meaningless, as TIP is an aid in investigation and is required to be conducted if facts and circumstances so demand...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Tape recorder given by raiding party to complainant - Complainant forget to turn on the tape recorder - No adverse inference can be drawn when prosecution is able to otherwise prove its can on the basis of clinching evidence...........
Indian Penal Code, 1860, Section 302, 307, Arms Act, 1959, Section 27 -- Murder - Long standing land dispute between parties - Accused due to said dispute in order to teach lesson to complainant party attacked them with deadly weapons - Evidence of PW7 an injured eye witness coupled with other independent witnesses supported prosecution case - Medical evidence corroborated..........
Indian Penal Code, 1860, Section 500 -- Defamation - Accused allegedly made imputation that complainant a married man had developed intimacy with one lady and used to go to her room and spend night with her - However, evidence on record shows that such imputation was an untrue one and maliciously made by complainant himself to malign accused - Such imputation is thus..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Appeal against acquittal - There is no evidence that complainant advanced amount to accused and accused indebted to complainant for said amount - Moreover, as per complainant, accused executed promissory note but there is no such promissory note on record to prove allegations - Order..........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Directions for investigation by police - Delay in approaching police by complainant can be taken note of while considering application u/s 156(3) Cr.P.C. - However, Magistrate ought to direct investigation by police if it feels that evidence is required to be collected with police assistance...........
Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 106 -- Murder of wife by husband - Death of deceased not in matrimonial home - Deceased went missing and her dead body was recovered in decomposed condition from canal - Information was conveyed to complainant immediately - Prosecution failed to discharge the initial burden cast upon it - It would be..........
