Evidence Act, 1872, Section 65B -- Electronic evidence - In absence of certification u/s 65-B of the Act, CCTV footage cannot be admitted in evidence - However, S.65-B of the Act, does not bar dock evidence u/s 9 of Evidence Act, conduct evidence u/s 8 of the Act and evidence aliunde...........
Evidence Act, 1872, Section 65B, Indian Penal Code, 1860, Section 302, 379, 447 -- CCTV footage - Absence of certificate u/s 65-B of Evidence Act - Murder and theft case - Accused allegedly came to Finance company and wanted a jewel loan - However, gold chain brought by accused was imitated one - Both PW8 and PW9 employees of company have stated that police brought accused..........
Indian Penal Code, 1860, Section 302, 379, 447, Evidence Act, 1872, Section 24 -- Murder and theft - Extra judicial confession - Accused not challenged the voluntariness of confession - Fact stated by accused find corroboration from independent sources - Extra judicial confession made by accused to PW14 held, proved - Accused rightly convicted...........
Specific Relief Act, 1963, Section 34, Suits Valuation Act, 1887 - - Title deed of 1954 not tendered in evidence in course of trial but was sought to be relied upon in title appeal - Such deed gives some semblance of title to plaintiffs in respect of at least six decimal of suit property - However, defendants had no chance to deal with plaintiffs assertion of title based..........
Indian Penal Code, 1860, Section 497 - - Husband made allegation against her wife having illicit affair with accused - However, husband left India after 1 year of marriage and wife was residing alone and he never took care of his wife - Evidence is totally silent that husband after went to Italy had ever given any monetary support to wife or tried to get her VISA -..........
Specific Relief Act, 1963, Section 6 -- Suit for recovery of possession - As per plaintiff, defendant was his friend and with view to help him, on his request, suit premises given to defendant by way of permissive user - However, defendant pleads creation of tenancy rights in his favour - Neither defendant able to produce evidence on record that he was staying in suit..........
Evidence Act, 1872, Section 9, Indian Penal Code, 1860, Section 302, 395, 396, 397, 398, 307, 376(2)(g), 34 -- Test Identification Parade (TIP) - Murder of five persons, robbery and rape of one lady - Dummies resembling accused has to be selected by Special Executive Magistrate who conducts TI parade - However, dummy persons were selected by police - No statement that..........
Indian Penal Code, 1860, Section 302, 395, 396, 397, 398, 307, 376(2)(g), 34 -- Murder of five persons, robbery and rape of one lady - Forensic evidence - No forensic evidence is on record which corroborates the prosecution case - DNA samples were collected during investigation and in fact sent for DNA analysis, but prosecution never presented report to Court - No public..........
Indian Penal Code, 1860, Section 302, 395, 396, 397, 398, 307, 376(2)(g), 34 -- Murder of five persons, robbery and rape of one lady - Recovery of white metal silver chain - No stolen property found or recovered from any of accused except broken white metal chain, though prosecution alleged that many things were stolen - Recovery of white metal silver chain without any..........
Evidence Act, 1872, Section 9, Indian Penal Code, 1860, Section 302, 395, 396, 397, 398, 307, 376(2)(g), 34 -- Test Identification Parade (TIP) - Source of light at the spot - Murder of five persons, robbery and rape of one lady - PW1 and PW8 identified accused in TIP as well as before Court - Incident occurred at 10.30 p.m - There was light or not in hut not mentioned in..........
