Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 25, 27 -- Murder - Gunshot injury - Recovery of single barrel gun with cartridge from house of `L', licence holder - Report of forensic lab only shows that such gun was used in commission of crime, but prosecution failed to establish which of accused had actually used gun - Gun recovered on disclosure..........
Evidence Act, 1872, Section 45, 73 -- Application for sending document to FSL - Plea in written statement that alleged document is concocted - Merely for this reason a document cannot be sent for examination by Forensic Science Laboratory (FSL) - It is always open for defendant to produce report of hand writing expert and lead evidence regarding allegations made in written..........
Protection of Children from Sexual Offences Act, 2012, Section 6 -- Penetrative sexual assault - Testimony of victim is wholly consistent with her statement recorded u/s 164 Cr.P.C - Description of incident by victim is unambiguous - Mere fact that she failed to narrate the fact that brother of victim was sent away by accused to buy something, does not in any manner..........
Criminal Procedure Code, 1973, Section 156 -- Transfer of investigation to CIA - Rape case - Investigation of case was conducted by Special Investigation Team and charge sheet is filed - Apprehension expressed by victim was that mobile phone belonging to accused were not taken in custody, was dealt with by Supreme Court and it was ensured that said mobiles would be in..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Cognizance of offence - Direct allegation on record that death was caused due to assault by accused and others - Though same does not find corroboration from medical evidence only to extent that doctor did not find any external injury on person of deceased and no poisonous substance was found during forensic examination..........
Criminal Procedure Code, 1973, Section 207 -- Documents - Supply of copy to accused - Cloned copy of contents of memory card/pen-drive handing over to one accused - There are eight named accused in the case - Once relief is granted to one accused, other accused would follow same suit - In that event, cloned copies of contents of memory card/pen-drive would be freely..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15 -- Recovery of 223 kg poppy straw - If seizure is otherwise proved, what is required to be proved is the fact that the samples taken from and out of the contraband material were kept intact, that when the samples were submitted for forensic examination the seals were intact, that the report of the forensic..........
Indian Penal Code, 1860, Section 302 -- Murder of son by father - Recovery of axe - Mere fact that axe was not sent for forensic examination, does not affect prosecution case, particularly when doctor does not show that injury can be caused by an axe, which has been stated to be by I.O, has not been subjected to any cross-examination...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18 -- Recovery of 200 gms opium - Discrepancy regarding weight of sample - Prosecution contended that 40 gms of substance was sent to FSL - But report of forensic lab shows that only 37 gms of substance received in lab - However, such minor difference in weight of substance may occur on account of difference..........
Indian Penal Code, 1860, Section 364A, 302, 201, 34 -- Kidnapping for ransom - Murder - Circumstantial evidence - Recovery of drawing book of deceased from house of accused - Prosecution alleges that threatening letter was written on a piece of paper from said drawing book - However, no attempts were made either to have any forensic analysis or examine handwriting expert..........
