Passport Act, 1967, Section 3 -- Cloth made in Pakistan recovered from accused when they crossed border - No eye witness produced who could show that he saw the accused crossing Indo-Pak border - No offence under Pass Port Act is made out - Conviction set aside...........
Indian Penal Code, 1860, Section 376 -- Rape - Prosecutrix if found habitual to intercourse , her statement to base conviction of accused persons, must be corroborated in some material particulars from independent source...........
Indian Penal Code, 1860, Section 302 -- Conviction - Appeal against - Testimony of a witness not to be rejected merely because his name is not mentioned in written report - PW 10 declared hostile but his testimony cannot be rejected totally merely on this ground - From evidence it is proved that accused B alone caused gandasa injuries to both deceased but no injuries..........
Indian Penal Code, 1860, Section 302 -- Murder - Testimony of eye witness fully supported and corroborated by medical evidence which clearly established it a case of homicidal death - No material to disbelieve the eyewitness and other prosecution witnesses - Conviction not liable to be interfered with...........
Probation of Offenders Act, 1958, Section 4(1), Indian Penal Code, 1860, Section 325 -- Conviction u/s 325 IPC - Injury was not on vital part - Incident 8 years old - Accused released on probation...........
Indian Penal Code, 1860, Section 376 -- Rape - Parents of prosecutrix resiled from their statements - Prosecutrix expired - According to school certificate she was above 17 years but below 18 years - Medical evidence showed that there was no injury marks either on the person of the prosecutrix or on the alleged rapist and that vagina admitted two fingers and she had been..........
Terrorists and Disruptive Activities (Prevention) Act, 1987, Section 15(1) -- Confession - Can be solely relied upon for conviction of its maker - It cannot be contended that because the statement has been recorded by a Police Officer the same is a weak type of evidence and should not be accepted without corroboration...........
Indian Penal Code, 1860, Section 302 -- Serious contradictions between oral evidence of eye witness and report of ballistic expert which created doubt in use of firm arm alleged to have been used in murder - Eye witnesses examined were relatives of deceased and independent witnesses not examined - Serious doubt arose as to presence of eye witnesses - Conviction set aside...........
Punjab Excise Act, 1914, Section 61(1)(a) -- Conviction under Excise Act - Incident 18 years old - Revision pending in High Court for 13 years - Accused not traceable - Sentence reduced to already undergone...........
Indian Penal Code, 1860, Section 326 -- Conviction - Appeal against - Reduction in sentence - Accused convicted and sentenced to two and a half years with a fine of Rs.2500/- - Accused faced trial for 14 years - Sentence reduced to already undergone and fine enhanced to Rs.10,000/- to be paid to the victim...........
