Criminal Procedure Code, 1973, Section 313 -- Examination of accused u/s 313 Cr.P.C. - In a case based on circumstantial evidence, non-explanation or false explanation of accused u/s 313 Cr.P.C cannot be used as an additional link to complete chain of circumstances - It can only be used to fortify conclusion of guilt already arrived at on the basis of other proven..........
Indian Penal Code, 1860, Section 302, 201, 120B -- Murder - Circumstantial evidence - Recovery of various articles at the instance of accused - Specific questions were put to accused in his examination u/s 313 Cr.P.C regarding recovery of various articles at his instance and also regarding FSL report, but he failed to give explanation with regard thereto - However, High..........
Civil Procedure Code, 1908, Order 7, Rule 14, Civil Procedure Code, 1908, Order 8, Rule 1A(4)(a), Civil Procedure Code, 1908, Order 13, Rule 1(3), Evidence Act, 1872, Section 137 -- Production of documents - at the stage of cross examination of a party when appearing as its own witness or a witness, is permissible in law...........
Evidence Act, 1872, Section 3 -- Non examination of independent witnesses - Adverse inference not to be drawn when evidence of eye witnesses is of sterling quality - Quality is more important than quantity...........
Evidence Act, 1872, Section 32 -- Dying declaration recorded by PW10 - In examination-in-chief PW10 has not stated that doctor examined deceased before giving fitness certificate - Said doctor not examined as a witness - An adverse inference will have to be drawn against prosecution for not examining said doctor - Dying declaration discarded...........
Evidence Act, 1872, Section 138 -- Eye witness - Cross examination - Several material questions which were very relevant were not allowed to be put to the witness - Questions were put with the object of proving that prosecution case was doubtful - Causes serious prejudice to the defence of accused - Accused rightly acquitted...........
Evidence Act, 1872, Section 138 -- Eye witness - Cross examination - Several material questions which were very relevant were not allowed to be put to the witness - Plea that if there is prejudice then evidence of such witness can be discarded - Held, if questions would have been allowed, there was a possibility that the answers might have been relevant to discredit the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 313 -- Contraband - Examination of accused u/s 313 Cr.P.C. - Two material circumstances not put to accused in his examination u/s 313 Cr.P.C. as such a serious prejudice is caused to accused in his defence - These two material circumstances has to be kept out of..........
Judicial service -- Appointment - Vacancies on which appellants were appointed were never advertised and such vacancies cannot be termed as anticipated vacancies - However, appellants have been working as judicial Officers now for nearly 10 years after successfully passing written examination and viva voce - Therefore, unseating appellants from their posts would not be in..........
Evidence Act, 1872, Section 32 -- Dying declaration - Non examination of scribe - If scribe, for reasons beyond control, such as incapacitation or death, would be unavailable, it would be open for the prosecution to take necessary aid of secondary evidence - Unexplained non-examination would render the case to be doubtful if not, land a fatal blow to the prosecution case...........
