Indian Penal Code, 1860, Section 363, 366, 376AB, 302, 201, 376A, Evidence Act, 1872, Section 3 -- Protection of Children from Sexual Offences Act, Ss.5(n), 6 - Rape and Murder - Circumstantial evidences - On date of incident itself there was a spat between parents of the deceased and accused - Even, accused and deceased were seen together - Onus u/s 106 Evidence Act was..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 6 kg 300 gm opium - Non-compliance of S.50 of the Act - Nothing recovered on the alleged personal search of accused - Recovery was effected from bag carried by accused - Compliance of S.50 of the Act not required...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 6 kg 300 gm opium - Non-production of contraband before Court - Contention regarding no, production of contraband before Court neither taken by accused before trial Court nor before High Court - There is no argument relating to tampering with seal - Contention that production of contraband..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 6 kg 300 gm opium - Non-association of independent witnesses - Two Courts below reposed confidence in deposition of PWs - Efforts were made by I.O but none of independent witness joined investigation - Since contraband was proved to be recovered from bag of accused, accused rightly convicted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 6 kg 300 gm opium - DSP present at the same time at two different places - Renders prosecution case suspect and benefit of doubt should at any rate must go to accused - However, taking into account the fact that recovery from bag of accused proved, no benefit of doubt can be given to accused...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued towards security deposit for taking Gas agency - No explanation whatsoever is given in complaint as well as in notice as to how cheque dated 14.09.1997 finds mention in a bond 29.09.1995 - Complainant failed to prove that there was legally enforceable debt or liability - Accused rightly..........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Direction to deposit 20% of cheque amount by trial Court - Applicability of S.143-A of the Act - Since applicability of S.143A of the Act is prospective only, trial Court erred in giving directions to accused to pay 20% of original cheque amount as interim compensation to complainant...........
Negotiable Instruments Act, 1881, Section 138, 143A, Constitution of India, 1950, Article 227 -- Dishonour of cheque - Direction to deposit 20% of cheque amount by trial Court - Applicability of S.143-A of the Act - Since applicability of S.143A of the Act is prospective only, trial Court erred in giving directions to accused to pay 20% of original cheque amount as interim..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 950 gms charas from possession of accused and 6.750 kg from house of accused - Disclosure statement - Accused while in police custody gave a disclosure statement that charas is also lying in his house - However, in statement of Dy.S.P recorded u/s 161 Cr.P.C, there is no mention of any such..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 950 gms charas from possession of accused and 6.750 kg from house of accused - Chance recovery - Police had no prior information that accused would possess 950 gms Charas in offending vehicle and 6.750 kg Charas would be there in his house - Even otherwise, probable fact of police having some..........
