Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21 -- Recovery of 17 gms. of smack at fair ground - Independent witnesses not joined - Recovery from Motor cycle not registered in name of accused - Seizure of motor cycle not sufficient to prove same to be in exclusive possession of accused - Fact that accused was found sitting on motor cycle not sufficient..........
Indian Penal Code, 1860, Section 376 -- Rape - Presumption as to absence of consent of woman - It is for accused to prove that the woman consented to sexual intercourse...........
Hindu Marriage Act, 1955, Section 7, Evidence Act, 1872, Section 101, 102, 103, 104 -- Marriage - Validity of marriage challenged on ground of non performance of customary rites and ceremonies including saptapadi - Onus is on party who challenges marriage to prove not only such omission but also that rites are ceremonies were indispensable - Held, when there is no evidence..........
Hindu Marriage Act, 1955, Section 7, Evidence Act, 1872, Section 114, 101, 102, 103, 104, 112 -- Marriage - Validity of marriage challenged on ground of non performance of customary rites and ceremonies including saptapadi - Held, when there is ample material on record as to solemnization of marriage, continuous cohabitation of married couple for fairly long time, and..........
Service -- Accepting illegal gratification - Acquittal by Criminal Court - Departmental enquiry - Same charges - Departmental enquiry cannot be continued when acquittal is honourable acquittal - Where acquittal is on technical grounds like omission to obtain requisite sanction for prosecution, limitation, failure of prosecution to prove its case beyond reasonable doubt on..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 35, 54 -- Presumption - Prosecution has to prove conscious possession of accused in respect of contraband before a presumption could be raised...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 25, 15 -- Poppy husk - Recovery from truck - Conviction of truck owner - Onus lies heavily on the owner of the vehicle to prove that he did not have the knowledge at all as to what was being transported therein - Truck owner in his statement u/s 313 Cr.P.C. nowhere stated that he did not have the knowledge that..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18, 19, 67 -- Opium - No report of Forensic Science Laboratory to prove that material recovered is opium - Unexhibited report not to be taken note of - Officers of raiding party not proved to be experts - Omission to examine witness to prove intactness of seals of samples - Time of recording statement of..........
Evidence Act, 1872, Section 3 -- When defendant himself is not in a position to prove the fact, his witnesses cannot improve the case...........
Indian Penal Code, 1860, Section 302, 498A -- Proof of charge u/s 498-A - By itself does not prove charge of murder u/s 302 IPC...........
