Service -- Reservation for backward class - Identification of "creamy layer" - Office memorandum dated 8.9.1993 issued by Government of India Ministry of Personnel, Public Grievances & Pension (Department of Personnel & Training), regarding category VI it is not the income of individual concerned, but that of his parents, that would determine whether he would fall within..........
Indian Penal Code, 1860, Section 326, 307, 34 -- Grievous hurt - Attempt to murder - Identification of victim - It has not been established beyond reasonable doubt that patient who was treated by PW9, was in fact PW7 - Nor prosecution established that PW7 was the victim - Neither the relatives nor police produced any identification for the victim - Identity of victim,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Contraband - Non examination of independent witness being won over - No other independent corroboration to establish authenticity of raid and recovery of contraband from accused especially when place of recovery was within the Abadi of village - Moreover, no test identification parade of accused was..........
Evidence Act, 1872, Section 9 -- Test identification parade - Accused contended that test identification parade was delayed and identification in court by witness was not reliable - There is delay but not inordinate delay - No evidence that witness had an opportunity to see and study the features of accused between their arrest and test identification parade to enable a..........
Indian Penal Code, 1860, Section 376(2)(g), Criminal Procedure Code, 1973, Section 439 -- Gang rape of 15 years old girl - Bail - Appellant was not named in the FIR and even prosecutrix has not disclosed the name of appellant in her statement recorded u/s 161 & 164 Cr.P.C. - He was not put up for identification and DNA test of appellant not done - Appellant was not with..........
Evidence Act, 1872, Section 9 -- Test Identification Parade - Held, test identification parade provides corroboration to identification of witness in Court if required and what weight must be attached to evidence of identification in Court is a matter for Court of fact to examine...........
Evidence Act, 1872, Section 9 -- Test Identification Parade - Held, test identification parade provides corroboration to identification of witness in Court if required and what weight must be attached to evidence of identification in Court is a matter for Court of fact to examine...........
Will -- Suspicious circumstances - Beneficiary took steps for preparation of Will - It was possible to get the document registered but not registered - It was not necessary but verification of senior clerk of Tahsil Office obtained on the Will - No relative of testator used as attesting witness - Beneficiary signed even for identification before Senior Clerk of Tahsil..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Accused `R' and `B' came on Motor Cycle - `B' was riding motor cycle - `R' alighted from Motor Cycle fired a shot at deceased came back to motor cycle and eloped from scene of crime - Accused `B' kept engine of motor cycle running - It clearly leads to conclusion that accused `B' was well aware of..........
Identification -- There can be no difficulty to recognise closely related persons even in darkness...........
