Evidence Act, 1872, Section 137, 138 -- Re-examination - Permission of Court is required if new matter is required to be introduced to elicit the truth in the matter or explain any new issue properly and adverse party may further cross examine on that matter...........
Evidence Act, 1872, Section 65B(4) -- (Bharatiya Sakshya Adhiniyam, 2023, S.63) - Electronic record - Certificate u/s 65-B(4) is mandatory for secondary electronic evidence, and it can be issued by the person in `lawful control' of the device...........
Evidence Act, 1872, Section 65B(4) -- (Bharatiya Sakshya Adhiniyam, 2023, S.63) - Electronic record - Self certificate provided by petitioner u/s 65-B of the Act (S.63 BSA) is legally admissible and generally sufficient for Whatsapp messages or call recordings present on their own phone provided it complies with statutory requirements...........
Evidence Act, 1872, Section 65B(4) -- (Bharatiya Sakshya Adhiniyam, 2023, S.63) - Electronic record - Self certificate u/s 65-B(4) of the Act - Law as to: (i) Self certificate u/s 65-B(4) of the Act must be signed by a person in a responsible official position or user in possession to authenticate electronic records; (ii) It must identify electronic record, describe its..........
Indian Penal Code, 1860, Section 361 -- Kidnapping - When evidence affirmatively establishes that accused neither took nor enticed minor and that it was minor herself who left her guardian's custody of her own volition, offence u/s 361 IPC is simply not made out regardless of minor's age...........
Indian Penal Code, 1860, Section 302 -- Murder - Ocular version contradicted by medical evidence - Eye witnesses spoke only of bare hand assault and of death on spot - Post-mortem disclosed a broken head with ruptured membrane, an incised wound and multiple serious injuries that could not be caused by bare hands and no weapon was proved or recovered - No injuries on hands..........
Indian Penal Code, 1860, Section 302 -- Murder - Non-recovery or proof of weapon and absence of blood stains - Despite disclosure of multiple external injuries, there was no recovery of any weapon or object, no evidence of bloodstains at scene or on clothes, and inquest report was not exhibited - Place of occurrence details were unclear - These lapses deepen reasonable..........
Indian Penal Code, 1860, Section 302, 307, 323, 326, 341, 147, 149 -- Murder - Testimony of eye witnesses - Eyewitnesses paraded before Court are not believable since their presence at place of incident is highly improbable for not being established unequivocally in the context of no evidence having been adduced to substantiate the story of five witnesses, close relatives..........
Hindu Marriage Act, 1955, Section 13(1)(i) -- Divorce - Adultery - Dissolution on the ground of adultery can be granted only when sexual intercourse is proved - However, it would be extremely impossible to get direct evidence on sexual intercourse and same can be proved by circumstantial evidence...........
Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 5(m), 29, Indian Penal Code, 1860, Section 376(1) -- Penetrative sexual assault/rape - Proof - Medical evidence disclosed no external or genital injury, no vaginal laceration or perineal tear, and no spermatozoa on swab, secondary sexual characters not developed - Presence of semen on pant alone does not..........
