Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - For rebutting the presumption it is not necessary in every case for the accused to step into the witness box - Standard of proof on the part of accused and that of a prosecution in a criminal case is different...........
Civil Procedure Code, 1908, Order 17, Rule 1(2), Evidence Act, 1872, Section 137 -- Witness present in Court has to be examined - Failure of concerned party to examine or to cross examine - Court can dispense with examination-in-chief or cross examination of the witness...........
Prevention of Corruption Act, 1988, Section 13(2), 7 -- Illegal gratification - Demand of bribe - Tainted currency notes recovered on raid - Complainant and shadow witness supported prosecution - IO not examined - Other PW's reviled - Accused convicted as there was no reason for complainant and shadow witness to falsely implicate the accused...........
Prevention of Corruption Act, 1988, Section 13(2), 7, Evidence Act, 1872, Section 3 -- Demand of bribe - Recovery on raid in presence of Sarpanch - Sarpanch not appeared as PW but appeared as defence witness - Sarpanch deposing that no demand was made in his presence - Complainant and shadow witness supported prosecution - Testimony of Sarpanch ignored and office bearers..........
Evidence Act, 1872, Section 137 -- Cross examination - Supporting case of prosecution in examination-in-chief - Case of prosecution demolished in cross-examination - Witness cross examined after four years of examination-in-chief - Held, examination-in-chief and cross examination has to be read together to appreciate the evidence of a witness - However in special..........
Indian Penal Code, 1860, Section 324, 307, 304(Part II), Arms Act, 1959, Section 25 -- Acquittal by trial Court - Conviction by High Court - High Court discarded the important pieces of evidence on the basis of surmises and conjectures - Testimony of an eye witness does not support the testimony of injured witnesses on material and vital aspects - These discrepancies are..........
Independent witness -- Found to be not present at the time of occurrence but were introduced as witnesses - Held, trial Court was right in coming to conclusion that accused was falsely implicated...........
Indian Penal Code, 1860, Section 324, 307, 304 (Part II), Arms Act, 1959, Section 25 -- Acquittal by trial Court - Conviction by High Court - High Court discarded the important pieces of evidence on the basis of surmises and conjectures - Testimony of an eye witness does not support the testimony of injured witnesses on material and vital aspects - These discrepancies are..........
Indian Penal Code, 1860, Section 376(2)(g), 300, 201 -- Rape and murder - Wife of co-accused eye witness who revealed incident - High Court discarded her evidence without any discussion - Father of victim, complainant, not an eye witness - Fact that complainant did not indicate in complaint as to what eye witness told him not a ground to discard her evidence - Reasoning of..........
Indian Penal Code, 1860, Section 307, 332, 452, Criminal Procedure Code, 1973, Section 374, Evidence Act, 1872, Section 3 -- Attempt to murder - Appeal against conviction - Appellant/accused attacked and inflicted injuries on victims out of previous animosity - Plea of appellant/accused that no independent witness examined by prosecution - Victims of assault being stamped..........
