Indian Penal Code, 1860, Section 489B -- Fake currency notes - Seized currency was recovered from possession of accused - However, prosecution has failed to bring on record any materials to show that accused knew or having reasons to believe the currency notes seized from him are forged or counterfeit - Even, accused entered into altercation with PW3 regarding question of..........
Evidence Act, 1872, Section 11 -- Plea of alibi - Cannot be entertained, before prosecution is given an opportunity to establish its case...........
Evidence Act, 1872, Section 11, 102 -- Plea of alibi - Burden of proof - It is the burden of accused to prove with absolute certainty that presence of accused at the scene of crime at the time of occurrence was rather an impossibility - He has to adduce positive evidence to prove the plea of alibi and that opportunity arises only when prosecution discharges its burden to..........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Injury caused in the manner described by eye witness/PW1 - It was a single firearm injury as stated by doctor - Eye witnesses specifically and very clearly narrated the incident in their testimony - Motive of crime was proved that deceased was killed for the reason that he had deposed against accused in an earlier..........
Indian Penal Code, 1860, Section 279, 337, Motor Vehicles Act, 1988, Section 187 -- Accident - Rash and negligent driving - Collusion between bus and truck - No material on record to pinpoint the exact place, where accident had taken place - Some part of bus appeared to be lying on the road in photographs - But, site plan does not show location of these parts and distance..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Bail - Offence u/ss 420, 467, 468 & 471 IPC - Accused already suffered incarceration for a period of 02 years, 02 months and 21 days - Out of total 11 prosecution witnesses, none has been examined so far - Conclusion of trial will take long time - Denial of bail on ground of..........
Indian Penal Code, 1860, Section 363, 364A -- Kidnapping of 8 years old boy - Victim kidnapped from lawful guardianship of PW1 and PW3 - On the main incident, version of victim/child has not been shaken in cross-examination - PW1 and PW2 proved that they received a call from someone demanding ransom and person threatened to kill their son in case ransom is not paid -..........
Indian Penal Code, 1860, Section 301, 302, 307 -- Murder - When there is direct eye witness account which is found to be credible, omission to obtain ballistic report and non-examination of ballistic expert may not be fatal to prosecution case - However, if evidence tendered including that of eyewitnesses do not inspire confidence or suffer from glaring inconsistencies..........
Indian Penal Code, 1860, Section 301, 302, 307 -- Murder - Evidence tendered by eye witnesses suffered from serious lacunae - Their evidence cannot be said to be credible - There are glaring inconsistencies in the prosecution version which have been magnified by absence of testimony of material witnesses and ballistic report coupled with the non-recovery of weapon of crime..........
Indian Penal Code, 1860, Section 302, 363, 364, 201, Evidence Act, 1872, Section 24 -- Murder - Extra judicial confession - Accused confessed the murder of deceased before PW1, his mother and wife and throwing body of deceased in the well - However, mother and wife of PW1 were never examined as witnesses by prosecution - Confession was followed by two things arrest of..........
