Evidence Act, 1872, Section 154 -- Hostile witness - Merely because witness resiled from his statement given to police, entire case presented by prosecution is not unreliable particularly when he has, in his testimony, not stated an alternative case which would lead us to question the credibility of other eyewitnesses...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 24 -- Murder - Extra judicial confession - PW19 who claims that deceased made an extra-judicial confession before him though declared hostile however prosecution relied upon a part of his testimony - Appellant had worked in PW19's shop only for five months and appellant was otherwise not known to PW-19 -..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Dying declaration - PW24 stated that after he heard that his friend/deceased was injured, he rushed to the site and found that deceased was fully covered in blood, and he disclosed that appellant was the author of injuries - However, in the cross-examination, he denied having made such a..........
Protection of Children from Sexual Offences Act, 2012, Section 9(m), 10, 8, Indian Penal Code, 1860, Section 354, 354A -- Offence u/ss 9(m), 10, 8 of POCSO Act and Ss.354, 354-A IPC - Victim on the date of offence was below 12 years of age - Accused has neither disputed birth date of victim nor birth certificates of victim - Victim narrated incident to her parents when..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Contraband - Non-compliance of S.52-A of the Act - Inventory of seized contraband article was not prepared prior to forwarding the sample of contraband to FSL - Mere fact that the samples were drawn in the presence of a gazetted officer is not sufficient for compliance of the mandate of S.52-A(2) of the..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Demand and acceptance - Allegation that accused being Assistant Director of Agriculture demanded bribe from complainant for renewal of licence to run a fertilizer shop - On the date of trap application for renewal of licence was seized from accused - Amount was thrown on the floor by accused when he saw the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 22, 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Contraband - Petitioner was named in the FIR on the disclosure of one of co-accused - Though, petitioner is said to be involved in other two cases, but he is already on bail in one of case - Challan is already presented and charges are also framed..........
Guardians and Wards Act, 1890, Section 10 -- Custody of child - Claimed by father - Mother of child died under natural circumstances - Child is in custody of her maternal grandparents/respondents - No complaint was lodged by respondents against father of child on account of any bad conduct on his part - Father is a natural guardian of minor child and he filed the..........
Evidence Act, 1872, Section 138, Indian Penal Code, 1860, Section 302, 307 -- Cross-examination deferred - Defence should be asked to cross examine the witness the same day or the following day - Only in very exceptional cases, and for reasons to be recorded, the cross examination should be deferred and a short adjournment can be given after taking precautions and care for..........
Will -- Proof - None of attesting witnesses has been produced so as to prove valid attestation and execution of Will in question - Though explanation given that attesting witnesses were dead, however, no effort was made to prove the Will in terms of S.69 of Evidence Act - Mere admission about photograph and signatures of testatrix on the Will would not dispense statutory..........
