Criminal Procedure Code, 1973, Section 311, 301, Evidence Act, 1872, Section 165 -- Recall of a witness, who was a statutory authority and in whose presence the test identification parade was held, who is also a Judicial Magistrate, who made wrong statement against his own record - Court to recall the said witness with further direction to public prosecutor for putting..........
DNA Test -- Appellant claimed to be daughter of respondent and applied for paternity test to be conducted - Trial Court directed to proceed with DNA test as sought by appellant - Appeal allowed...........
Indian Penal Code, 1860, Section 361, 363, 366, 368 -- Kidnapping - Nothing on record to show that there was any kind of inducement or persuasion, promise and offer by appellants at the time when victim left house of her father with appellants - Manner in which she had left house does not tantamount to `taking away' or `enticing away' - Taking into consideration report of..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Term `Soon before' - Nature of - Held, it is a relative term which depends on facts and circumstances of each case - Thus, there must be a nexus between demand of dowry, cruelty or harassment based upon such demand and date of death - Test of proximity will have to be applied - But, it is not a rigid test - It depends..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of Poppy husk - Identity of accused persons not proved - Statement of I.O that on seeing police accused persons fled away cannot be believed as at time of raid I.O did not know their identity - Even after arrest, no test identification parade was carried out to ascertain their identity - Held, it..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A, Juvenile Justice (Care and Protection of Children) Rules, 2007, Rule 12(3) -- Plea of juvenility - Rejection of - Validity - Plea of juvenility rejected on ground that as per ossification test age was between eighteen to twenty years - As per admission register and transfer certificate age was..........
Criminal Procedure Code, 1973, Section 197 -- Prosecution of public servants - Protection under - Held, test of direct and reasonable connection between official duty of accused and acts allegedly committed by them is, therefore, true test to be applied while deciding whether protection u/s 197 CrPC is available or not...........
Evidence Act, 1872, Section 5 -- Evidence - Admissibility - Evidence obtained by illegal search - Held, not inadmissible - Test of admissibility of evidence lies in relevancy - Unless there is an express or necessarily implied prohibition in constitution or other law, evidence obtained as a result of illegal search or seizure is not liable to be shut out...........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 57A, 68, Juvenile Justice (Care and Protection of Children) Rules, 2007, Rule 12 -- Determination of age - Directions for ossification test - Validity - Petitioner charge-sheeted u/s.376(2)(f) IPC and S.4 of Protection of Children From Sexual Offence Act - Plea that on the date of the incident petitioner..........
Indian Penal Code, 1860, Section 354 -- Outraging Modesty of women - Test to determine `Outraging Modesty' interpreted - Held, Test for determining whether modesty has been outraged is whether action of offender as such can be perceived as one which is capable of lowering sense of decency of woman - Offence related to modesty cannot be treated as trivial and lenient view..........
