Indian Penal Code, 1860, Section 376 -- Rape - Girl aged 12 years - Rape proved by testimony of prosecutrix corroborated by Medical evidence - In case of single accused, the theory of false implication does not appear to be probable at all - Prosecutrix is neither an accomplice nor any corroboration is required...........
Criminal trial -- Sole eye witness - Conviction can be based on testimony of sole eye witness provided it is wholly reliable - When testimony of sole eye witness is not wholly reliable then rule of prudence is that corroboration of the testimony of such a witness be sought from independent sources for conviction...........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302 -- Murder - Dying declaration - Deceased suffered 100% burns - Dying declaration recorded in the presence of doctor who gave her a Certificate of fitness - Statement cannot be discarded merely because it was recorded by head constable - There was no time for the head constable to secure presence of..........
Criminal trial -- Plea that incident took in the night and none had actually seen the incident - Held, plea is wholly imaginary and cannot be accepted in view of prosecution's ocular version finding corroboration from prompt FIR and medical evidence...........
Indian Penal Code, 1860, Section 376 -- Rape - Victim is not an accomplice after the crime - There is no rule of law that her testimony cannot be acted without corroboration in material particulars - She stands at a higher pedestal than an injured witness - In the latter case, there is injury on the physical form, while in former it is both physical as well as..........
Evidence Act, 1872, Section 32 -- Dying declaration - Principles governing - Analysed. (i) There is neither rule of law nor of prudence that dying declaration cannot be acted upon without corroboration. (ii) If the Court is satisfied that the dying declaration is true and voluntary it can base conviction on it, without corroboration. (iii) The Court has to scrutinize the..........
Indian Penal Code, 1860, Section 498A, 304B, Evidence Act, 1872, Section 32 -- Bride burning - Kerosene sprinkled and match stick lit - Conviction of A1 and A2 father and mother of husband - Victim told this fact to PW1, PW4, PW5 and PW6 who came on spot - Medical Officer PW9 recorded statement that A1 and A2 poured kerosene on her and set fire - Similar statement recorded..........
Evidence Act, 1872, Section 3 -- Evidence - Rule of corroboration - One piece of unreliable evidence cannot be used to corroborate another piece of unreliable evidence...........
Evidence Act, 1872, Section 133 -- Accomplice - Conviction of an accused on the testimony of an accomplice cannot be said to be illegal but Court will as a matter of practice, not accept the evidence of such a witness without corroboration in material particulars...........
Criminal trial -- Evidence of a witness who has got a criminal background - To be viewed with caution - If such an evidence gets sufficient corroboration from evidence of other witnesses, there is nothing wrong in accepting such evidence...........
