Criminal Procedure Code, 1973, Section 164 -- Statement of victim recorded u/s 164 Cr.P.C - Legible copy of statement of victim recorded u/s 164 Cr.P.C shall be made available to accused before start of trial and said mandate should not be deferred till the examination of Magistrate who recorded said statement - Accused has a statutory right to use S.164 Cr.P.C statement..........
Indian Penal Code, 1860, Section 279, 304A, 337, 338 -- Rash and negligent driving - Accused was 52 years of age at the time of accident - Statement given by PW6 before police with regard to mini lorry driver being an elderly person and his subsequent testimony before trial Court therefore is not found to be so significantly different, which might amount to contradiction -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29 -- Contraband - Recovery of 1.25 kg. charas carried in the car, during random check - Two police department witnesses only - Logbook clearly shows that vehicle was travelling during relevant point of time towards a different destination - Statement given by two police witnesses, do not support case of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67 -- Confessional statement - Statement recorded u/s 67 of NDPS Act cannot be used as a confessional statement in the trial of an offence under the Act...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2)(f), 342, Protection of Children from Sexual Offences Act, 2012, Section 5(m), 6, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(w), 3(2)(v) -- Bail - Rape of minor girl - Compromise - Looking to the nature and gravity of accusation, role attributed..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Accused not led defence evidence - His statement u/s 313 Cr.P.C. cannot be read as evidence for the purpose of rebutting presumption - Merely pleading not guilty would not suffice to rebut the presumption...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Can be filed after filing of written statement, but it should be filed before framing of issues...........
Evidence Act, 1872, Section 27 -- Disclosure statement - Only information in the form of confession received from disclosure made by an accused cannot be taken as reliable piece of evidence in isolation until there is a discovery or a recovery or another fact to corroborate the said information and prove its veracity...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 25, 29 -- Bail - Contraband - Accused is behind the bars in this case since 14.05.2024 - He has been made accused on the basis of statement of co-accused and there is not an iota of evidence regarding exchange of calls between accused and co-accused - Neither..........
Indian Penal Code, 1860, Section 376, 511, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Attempt to rape - Victim alleged the commission of rape in her statement before Court while in her statement before Magistrate no such claim was made - Medical evidence shows no external or internal injuries on the victim - Hymen of victim was found intact -..........
