Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 285 kgs ganja - Search and seizure - Merely not informing concerned Police Station of area and failure to test material recovered through equipment but by only smell, cannot in any manner affect the prosecution case which is otherwise duly proved through testimonies of witnesses who..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Examination of expert in rebuttal after closure of evidence of plaintiff - Plaintiff cannot lead evidence in rebuttal in respect of an issue, onus of which was on plaintiff himself...........
Evidence Act, 1872, Section 138 -- Cross-examination - Murder case - A-6 had opportunity to cross-examine PW3 and PW4 on all the so called contradictions of these two witnesses - But he failed to avail the same and adopted cross-examination done by other accused and thus, gave up his right to cross-examination - Subsequently A-6 cannot be permitted to find fault in..........
Protection of Children from Sexual Offences Act, 2012, Section 10, 12, Indian Penal Code, 1860, Section 354C, Evidence Act, 1872, Section 118 -- Sexual assault - Testimony of child witness/victim/PW1 - PW1 was 10 years old when she was examined - Before examination of PW1, certain questions were put to her and after assessing answers, Court observed that witness was..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of PW1 for further cross-examination - Case was adjourned for 9 times for defendants evidence - On 10th occasion, present application came to be filed by defendant no.3 - Defendant no.1 already cross-examined PW1 - Both the advocates for defendants were present in Court at the time of cross-examination of PW1 - During..........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Rape of 12 years old girl by her own father - Testimony of victim/child witness - Child witness deposed against her own biological father - Nothing in cross-examination of child witness to suggest even remotely that she was tortured by someone else to falsely implicate..........
Indian Penal Code, 1860, Section 376(2)(f), Criminal Procedure Code, 1973, Section 313 -- Rape of 9 years old minor girl - Examination of accused - Serological report not put to accused u/s 313 Cr.P.C, and plea raised by accused that he is prejudiced in his defence - Contention first time raised before Supreme Court - Even otherwise, serological report being available, it..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Plaintiff seeking recall of PW5 for further examination to prove Ex.A10 - Recall sought when evidence of defendant was complete and matter was listed for arguments - Recall of a witness to fill up a gap is impermissible...........
Evidence Act, 1872, Section 137 -- Cross examination - Opposite party whether a proforma party or necessary party has right to cross examine the witness...........
Evidence Act, 1872, Section 137 -- Cross examination - A party to the proceedings has right to cross examine the witness even when no relief is claimed against him...........
