Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 13 quintals and 20 kgs poppy husk - Non-examination of Investigating officer (I.O) - No doubt it is always desirable that prosecution has to examine the I.O who prepared the rukka but mere no, examination of I.O does not in every case cause prejudice to accused or affects credibility of..........
Criminal trial -- Minor discrepancies - Five witnesses gave consistent statement of events - Minor discrepancies are bound to be there, such as the distance between the gun and deceased but these do not take away from the substance of the case of prosecution nor do they impinge on the credibility of witnesses...........
Indian Penal Code, 1860, Section 363, 366, 368, 376, 380, 506 -- Kidnapping and rape - Accused acquitted viz: (i) inordinate delay in lodging FIR unexplained, which raises doubt on credibility of prosecution case and chance of false implication; (ii) All witnesses except formal witnesses produced by prosecution are interested hence, their evidence cannot be relied upon;..........
Criminal Procedure Code, 1973, Section 156 -- Transfer of investigation to SIT or CBI - Offence u/ss 189, 193, 195, 341, 342 IPC - Petitioner on the one hand made false allegations against SIT (Special Investigation Agency) and on the other hand sought transfer of investigation to SIT - Conduct of petitioner cannot be said to be desirable - Moreover, charge-sheet filed to..........
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..........
