Criminal Procedure Code, 1973, Section 311 -- Recall of PW1 for re-examination - Engagement of new counsel and drawn of fresh wisdom upon informant cannot be a ground to recall a witness - Application rightly dismissed...........
Evidence Act, 1872, Section 154 -- Hostile witness - Evidence of a hostile witness cannot be rejected in toto unless such evidence stands wholly discredited in backdrop of factual matrix of case - Court will shift such evidence with greater scrutiny and circumspection and rely only on such parts of evidence which remain unimpeachable...........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Last seen evidence - PWs 3 and 10 stated that they had seen victim enter house of accused, as house of PW3 is near to house of accused - However, evidence of PW6 and PW9 speak otherwise and stated that one cannot see house of accused from that of PW3 - But, PW6 and PW9 declared hostile - These witnesses thus, not..........
Will -- Execution - Scribe examined but none of the attesting witnesses examined - Testimony of scribe cannot be substituted for testimony of an attesting witness - Defendant one of the two attesting witnesses - One can appreciate that plaintiff would not examine defendant as he will not depose in his favour but it remains unexplained as to why other attesting witness not..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Bail - Rape of 4 years old girl - Accused is below 15 years and offence is committed prima facie with determination, exhibition of maturity and understanding of its consequences - Mother of..........
Criminal Procedure Code, 1973, Section 244 -- Evidence - Cross-examination of PWs - Accused have right to seek cross-examination of prosecution witness who have tendered evidence at S.244 Cr.P.C stage...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B) -- Recovery of 20 kg ganja - Independent witnesses turned hostile - However, police witnesses are reliable and trustworthy - All of them thoroughly cross-examined by defence - There is no allegation of any enmity between police witnesses and accused - Accused rightly convicted...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Reduction of sentence - Deceased committed suicide after 12-13 years of her marriage - There is no allegation that accused used to harass deceased for any demand like dowry or any property - No independent witness has made any allegation against accused - Even son of deceased has also not supported prosecution case and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c) -- Recovery of 600 gms heroin - Testimony of official witness is consistent - Absence of independent witness thus, not fatal to prosecution case - Lack of any identification or a mobile phone in possession of accused is not sufficient to raise any reasonable doubts as to case set up by prosecution -..........
Negotiable Instruments Act, 1881, Section 118 -- Pronote - Scribe is not a competent witness to speak about passing of consideration...........
