Arms Act, 1959, Section 3, 25(1)(B)(a) -- Recovery of three country made guns - Non-sealing of seized gun at the place of occurrence would affect the credibility of seizure and there is possibility of tampering the same, which is fatal to prosecution case - Accused acquitted...........
Indian Penal Code, 1860, Section 394, 302 -- Robbery and murder - Eye witnesses - Due to inconsistency, lack of coherence in inter se testimony of PW6 & PW7 about numbers of assailants, manner of occurrence, use of weapon of assault and nature of injuries sustained by deceased their testimony comes within the shadow of doubt - Their conduct of no, reporting the incident..........
Evidence Act, 1872, Section 137, 138, 145, 146, 148 -- Cross examination - It is a weapon in the hands of opposite party to establish the reliability or ascertain the credibility of a witness who is under cross examination and also to see the veracity of case put forward before Court...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 30 bags of poppy husk - Evidence of police officials - Credibility - Only on the basis of call details produced by accused, it cannot be said that police officials were not present on the spot at the time of alleged recovery, particularly when recovery is proved on record...........
Terrorist and Disruptive Activities (Prevention) Act, 1987, Section 3, 4, 19, Ranbir Penal Code, 1989, Section 302, 307, 120B, 34 -- Terrorists and disruptive activities - Criminal conspiracy for bomb explosion - Appeal against acquittal - Confessional statement of accused persons regarding their involvement in criminal conspiracy and admissibility of crime have been..........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Deposition in affidavit of examination-in-chief beyond pleadings - Whether particular evidence in the shape of examination-in-chief affidavit pertains to the fact in issue or to the relevant facts, cannot be determined by High Court but opposite party will have sufficient opportunity to impeach the credibility of deponent by..........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Deposition in affidavit of examinatio, i, chief beyond pleadings - Whether particular evidence in the shape of examinatio, i, chief affidavit pertains to the fact in issue or to the relevant facts, cannot be determined by High Court but opposite party will have sufficient opportunity to impeach the credibility of deponent by..........
Evidence Act, 1872, Section 71 -- Proof when attesting witnesses denies execution - If the evidence of witnesses produced by propounder is inherently worthless and lacking in credibility, S.71 of Act cannot be invoked to bail him out of situation to facilitate roving pursuit...........
Indian Penal Code, 1860, Section 399, 402 -- Preparation to commit dacoity - Appeal against conviction - Accused allegedly found planning to commit dacoity with other accused persons - Accused arrested with fire arms - Complainant himself is the investigating officer in instant matter, creating doubt regarding credibility of investigation - Absence of any eye-witness for..........
Criminal trial -- Contradictions in the statements of PWs - When a witness is examined at length it is quite possible for him to make some discrepancies - No true witness can possibly escape from making some discrepant details - But Courts should bear in mind that it is only when discrepancies in the evidence of a witness are so incompatible with credibility of his..........
