Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - To arrest a fleeing accused, force can be used - If in that process any injury is caused, it cannot be said that police officer was not acting in discharge of his duty - Sanction for prosecution of police officer is necessary before taking cognizance...........
Indian Penal Code, 1860, Section 376, 342 -- Rape - Mental disorder of prosecutrix - Prosecutrix was not examined before trial Court - No expert evidence on record to establish that prosecutrix was suffering from schizophrenia, a mental disease at the time of alleged offence of rape - Mere statement of police officer about mental condition of prosecutrix is not any way..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Dismissal of claim petition - Death - Entire story as set up by claimants seems rather improbable inasmuch as person who was a witness to a serious accident and was stated to have chased offending truck for 1 1/2 kilometers to note down its registration number would not inform police when admittedly he had a mobile phone..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code,1860, Section 376, 506 -- Offence u/ss 376, 506 IPC - Delay of 11 days in reporting matter to police or any other authority - Delay unexplained - Inference can easily be drawn that version of victim and her mother was not unblemished...........
Indian Penal Code, 1860, Section 376, 506 -- Rape - Delay of 11 days in reporting matter to police - Victim stated that due to threats extended by accused, there was delay in reporting matter to police - However, victim roamed freely outside her house without disclosing her plight to anyone including her parents - Moreover, neither victim nor her mother had stated that..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15 -- Recovery of 165 kg and 50 gms Poppy straw - Samples drawn remained with police from 18.07.2010 to 20.07.2010 and also the fact that with whom the ring used for purpose of sealing samples remained - Executive Magistrate who resealed samples on 20.07.2010 not examined by prosecution - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20 -- Recovery of Charas and Poppy straw - Search and seizure - No material on record that samples were kept in safe custody after they were brought in Police Station till the time they were deposited with FSL - Two different stories emerge with regard to search of vehicle and recovery of contraband -..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Court not to venture into probative value of statements recorded or materials collected by police while exercising power u/s 482 Cr.P.C - But, at the same time, when Court finds very prosecution itself is infested with a motive and instituted due to statistical purpose without any materials, Court can..........
Evidence Act, 1872, Section 3 -- Preparing of Mahazar, sketch and inquest report - Not signed by independent witness despite presence of scores of persons - Evidence of prosecution that independent witnesses did not volunteer to do so - Cannot be accepted - When large number of persons were available it is incomprehensible as to how all of them refused to sign the..........
Evidence Act, 1872, Section 3 -- Disclosure statement - Discrepancy in evidence of reaching the place of recovery - One witness stated that police team used a jeep and motor bike and other witness stated that it was either motorbike or by foot and one other witness stated that it was Gypsy - There are also contradictions with respect to the place of arrest followed by..........
