Evidence Act, 1872, Section 3 -- Minor contradictions in consistency or improvement to trivial points, could not be made a ground on which the evidence can be rejected in its entirety - Some variances are natural from the mouth of witnesses who were deposing after lapse of a year or that may also depend on the loss of memory...........
Evidence Act, 1872, Section 3 -- Ocular testimony of witnesses has greater evidentiary value vis-a-vis medical evidence...........
Evidence Act, 1872, Section 3 -- Ocular and medical evidence - Eye witnesses found credible and trustworthy - Medical opinion pointing to alternative possibilities cannot be spelled as conclusive...........
Civil Procedure Code, 1908, Order 13, Rule 3 -- De-exhibiting a document - Unregistered sale deed executed on insufficient stamp paper - Document admitted in evidence initially - Un-registered sale deed not executed on sufficient stamp paper is hit by Ss.35, 36 of Stamp Act and S.17 of Registration Act is liable to be rejected U.O.13.R.3 CPC...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xii), Indian Penal Code, 1860, Section 376, 493 -- Conviction u/ss 376, 493 IPC and S.3(1)(xii) of SCST Act by trial Court - High Court acquitted accused u/ss 376 and 493 IPC but confirmed conviction under SCST Act - S.3(1)(xii) deals with a case of one party being in a dominant..........
Indian Penal Code, 1860, Section 504, 506(2), 114, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(10) -- Complaint lodged belatedly by complainant on the basis of listening of story from his wife - Delay is not explained in the complaint or in the evidence - Prima facie it appears that complaint itself is suspicious - Though..........
Indian Penal Code, 1860, Section 452, 527, 504, 506(2), 114, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(10) -- Offence u/ss 452, 527, 504, 506(2), 114 IPC and S.3(1)(10) of SC/ST Act - Prior animosity between PW and accused - Incident happened in public place on main road - Evidence of independent witness cannot be considered,..........
Evidence Act, 1872, Section 3 -- Related witness - When witnesses are related persons, although their testimony is admissible and form basis of conviction of accused, testimony of interested witness has to be examined with extra care and caution...........
Evidence Act, 1872, Section 3 -- Testimony of father and uncles of deceased - Murder case - Neither father nor uncles of deceased were present on the spot - Mere fact that they resiled from their statements cannot have any effect on the statement of deceased which has been proved on record...........
Evidence Act, 1872, Section 3 -- Related witness - Testimony of a witness cannot be disbelieved merely on the ground that he is a related witness - Unless and until witness is an interested witness, his testimony cannot be discarded...........
