Indian Penal Code, 1860, Section 452, Limitation Act, 1963, Section 5 -- Revision - Delay - Condonation - Accused sentenced to two years rigorous imprisonment u/s 452 IPC - Delay of 15 months in filing revision - Held, in cases of conviction and imposition of sentence of imprisonment court must show far greater indulgence and flexibility in applying law of limitation than..........
Indian Penal Code, 1860, Section 323, 34 -- Conviction based on sole testimony of victim - Sustainability - Incident happened within room of accused Subedar Major "R" - No other witness was present except another co-accused "M", who himself gave a blow of iron rod upon head of victim "S" - Victim in unconscious state was thrown outside the room - Victim was the sole..........
Jammu and Kashmir Criminal Procedure Code, 1989, Section 268 -- Discharge - Expression "Sufficient ground for proceeding" - Held, sufficient ground for proceeding as contemplated in S.268 of the Code does not contemplate sufficient ground for conviction or acquittal but a ground for putting accused on trial - Expression `sufficient ground' would mean availability of such..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Revision - Concurrent findings - Held, in revision High Court will interfere with concurrent findings recorded by both Courts only if they are perverse or not based on evidence - In the instant case, findings recorded by both Courts below are after thoroughly scrutinizing evidence and upon..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Accused did not respond to statutory notice - Finding of conviction concurrently recorded by Courts below - Defence denying execution of cheque found to be false - Conviction calls for no interference...........
Evidence Act, 1872, Section 133, 114(b) -- Accomplice is competent to give evidence - However, it is almost always unsafe to convict upon his testimony alone - Though conviction of an accused on the testimony of an accomplice cannot be said to be illegal yet Court will, as a matter of practice, not accept the evidence of such a witness without corroboration in material..........
Eye witness -- Where large number of offenders are involved, it is necessary for the Court to seek corroboration, at least, from two or more witnesses as a measure of caution - However, it is the quality and not the quantity of evidence to be the rule for conviction even where the number of eye witness is less than two...........
Evidence Act, 1872, Section 154 -- Hostile witness - In a criminal trial, credible evidence of even hostile witness can form the basis for conviction...........
Punjab Panchayati Raj Act, 1994, Section 20(1)(a), 208(1)(c) -- Panch - Removal - Possession of contraband - Whether petitioner can be removed from post of Panch u/s.20(1)(a) of the Act during pendency of criminal trial? - Held, if Sarpanch/Panch is found guilty and has been convicted for any offence involving moral turpitude or for such offence i.e., forgery in..........
Indian Penal Code, 1860, Section 302 -- Murder - Conviction - Sustainability - Link evidence missing - Deceased seen last not only with accused alone but another person was also present in same room - That person not examined by prosecution for reason best known to them - Child witness declared hostile - So-called extra-judicial confession, recovery of clothes of deceased..........
