Criminal Procedure Code, 1973, Section 311 -- Recall of PWs for cross-examination - Accused never cross-examined PWs 2 & 3 and partially cross-examined PW1 - Reason for such non-cross-examination is absence of their counsel when the matter was listed for cross-examination - Accused permitted to cross-examine PWs completely on a particular day fixed by concerned Court for..........
Protection of Children from Sexual Offences Act, 2012, Section 6 -- Aggravated penetrative sexual assault - Testimony of victim - Statement of victim is consistent right from time when she made initial statement u/s 161 Cr.P.C before police and thereafter u/s 164 Cr.P.C before Magistrate, till the time her deposition before trial Court - Victim successfully withstood the..........
Protection of Children from Sexual Offences Act, 2012, Section 5(m), 6, Indian Penal Code, 1860, Section 376AB, 506(I) -- Penetrative sexual assault - Testimony of victim - Victim was 6 years old at the time of incident - Statement of victim was recorded u/s 164 Cr.P.C and she stated about the incident almost in same manner, in which she deposed before Court - Though..........
Indian Penal Code, 1860, Section 307, 147, 148, 149 -- Attempt to murder - Non-examination of victim deprives right of cross-examination of accused, which is fatal to prosecution...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Witness cannot be recalled merely on the ground that certain important questions were not put during course of cross-examination...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Matter was already at the stage of cross-examination of complainant - Necessary affidavit was produced on record - Documents were exhibited and part of cross-examination was taken - Trial Court rather than dismissing..........
Evidence Act, 1872, Section 137 -- Opportunity to cross examination plaintiff - Adjournment granted ten times to cross examine plaintiff and thereafter his Advocate pleaded no instructions - Impugned order declining opportunity of defendant to cross-examine plaintiff is proper...........
Indian Penal Code, 1860, Section 376AB, Protection of Children from Sexual Offences Act, 2012, Section 5m, 6 -- Rape - Prosecution not produced victim for her complete cross examination - Testimony of PWs and doctor being mere corroborative, would not support prosecution case as star witness i.e. victim was not subjected to cross - Accused in his statement u/s 313 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Can only be rebutted when there is probable defence - In the instant case signatures in the cheque not challenged and no evidence to that effect is reflected in the cross examination of complainant - No material produced to show as to how the cheque was in possession of complainant as..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of second Commissioner - Report of Commissioner exhaustively dealt with and he was thoroughly cross-examined - Except pointing out statement in cross-examination of Commissioner, nothing is shown as to how repot of Commissioner is not sufficient to prove the case of plaintiff - Application rightly rejected...........
