Indian Penal Code, 1860, Section 302 -- Death by poisoning - Motive an important ingredients in case of death by poisoning lacking - Bottle containing cyanide poison and glass used by deceased in consuming liquor, seized by police but not sent to Chemical Examiner - Doctor who conducted autopsy on dead body categorically stated that he did not find alcohol smell from..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Father, mother and brother of deceased quoted instances for proving cruelty which according to them was told by deceased to them while she visited their place - Held, evidence of father, mother and brother is admissible u/s 32(1) of Evidence Act so far it related to the cause of death - But evidence of these witnesses that..........
Evidence Act, 1872, Section 32 -- Cruelty - Father, mother and brother of deceased quoted instances for proving cruelty which according to them was told by deceased to them while she visited their place - Held, evidence of father, mother and brother is admissible u/s 32(1) of Evidence Act so far it related to the cause of death - But evidence of these witnesses that..........
Indian Penal Code, 1860, Section 376 -- Rape - Accused allegedly committed rape on a victim, a married woman aged 17-18 years - Most of the witnesses were hearsay witnesses - As per medical evidence there was sign of recent sexual intercourse - Spermatozoa was found present in vagina - Doctor could not say whether there was any injury on any part of the body - Victim..........
Indian Penal Code, 1860, Section 498A, 306 -- Dowry death - Evidence of father, mother and bhabi that deceased while alive used to tell them that she was being treated with cruelty on account of dowry demand - Such statement is not admissible in evidence for the offence u/s 498-A IPC as it is only a hearsay evidence ...........
Evidence Act, 1872, Section 32, 33 -- Admissibility of hearsay evidence - Held, general rule regarding hearsay evidence is that it is not trustworthy - However, there are 2 exceptions to this general rule, namely `necessity' and `special circumstances which render the evidence more trustworthy than hearsay evidence in general'...........
Indian Penal Code, 1860, Section 363, 366A -- Kidnapping - Appellants arrested along with victim girl - No direct evidence that victim girl was kidnapped by the appellant - All the witnesses examined were hearsay witnesses on the point of occurrence as they did not see appellants taking away victim girl - Held, mere statement of victim girl u/s 164 CrPC not sufficient to..........
Evidence Act, 1872, Section 45 -- Expert evidence - If an expert borrows an opinion from someone else, his evidence is either hearsay or secondary in nature - It is not his opinion at all - As it is not his opinion, as such it is not relevant...........
Indian Penal Code, 1860, Section 302 -- Murder - Case resting on circumstantial evidence - Only circumstance relied upon by the prosecution was that both accused and deceased were seen together - Brother and nephew of deceased examined by prosecution are hearsay witnesses - Conduct of sole witness who last saw the deceased and accused absolutely unreasonable as he did not..........
Evidence Act, 1872, Section 6 -- Hearsay evidence - Not admissible in evidence - Exception - Section 6 of Evidence Act is in the nature of exception...........
