Indian Penal Code, 1860, Section 376(2)(g) -- Gang rape - Identification parade - Prosecutrix denied to identify appellants No.1, 3 & 4 in dock who were identified during test identification parade - She further stated that miscreants were shown to them in jail - Appellant No.5 identified in dock after lapse of about 3 years from date of occurrence first time in dock -..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2), 20 -- Illegal gratification - Presumption - Recovery of tainted money and chemical test proved positive - Do not automatically enable the Court to draw the presumption unless prosecution establish either by positive evidence or from the circumstances brought on record that accused voluntarily accepted the..........
Evidence Act, 1872, Section 3 -- Dog tracking evidence - Evidentiary value - Where the police rely on such evidence, Courts would be more than fully justified in accepting it provided it passes the test of complete scrutiny...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 2(iii)(a) -- Recovery of contraband - Acquittal - Validity - Two independent witnesses not supported prosecution case - There are contradictions in statements of official witnesses - On perusal of NCB form, it appears that Chemical Examiner, on microscopic examination, found cystolithic hair present and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 29, 37, Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Accused convicted u/ss 21, 29 of 1985 Act - Accused not entitled to seek suspension of sentence simply on the ground of long incarceration - Accused has also to satisfy the test u/s 37 of NDPS Act...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for specific performance - Proposed amendment to incorporate prayer for possession - Due diligence test not required to be satisfied when prayer for possession is sought to be introduced by way of amendment in a suit for specific performance - Such relief can be asked even at the stage of execution -..........
Service -- Promotion - "Seniority-cum-merit" - Promotion will not automatically be granted on the basis of seniority alone - Efficiency of administration cannot be compromised with at any cost - In order to meet said requirements, all eligible candidates in the feeder cadre must be subject to a process of assessment to determine whether or not an individual in fact..........
Indian Penal Code, 1860, Section 302 -- Death sentence - Imposition of - Factors to be considered - Held, age definitely is a factor which cannot be ignored though not determinative factor in all fact situations - Probability that accused persons could be reformed and rehabilitated is also a factor to be borne in mind - To award death sentence, aggravating circumstances..........
Evidence Act, 1872, Section 9 -- Test identification parade - Cannot be claimed by accused as a matter of right...........
Evidence Act, 1872, Section 9 -- Test identification parade - Meaningless if the witnesses know the accused, or if they have been shown his photographs, or if he has been exposed by the media to the public...........
