| Topics |
Headnote |
Judgement |
| INDIAN EVIDENCE ACT, 1872 |
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| INDIAN EVIDENCE ACT, 1872 |
Evidence Act — S 3 — Relevant fact —Test Identification Parade — Delay in — The identification parade was held 25 days after the arrest — Fatal to prosecution. (Para 18) |
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| INDIAN EVIDENCE ACT, 1872 |
Evidence Act — S 3 — Relevant fact —Test Identification Parade — Features for identification which would lend some corroboration — non discloser by witness — Fatal to prosecution. (Para 18) |
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| INDIAN EVIDENCE ACT, 1872 |
Evidence Act — S 3 — Relevant fact —Test Identification Parade — Chance meeting — between accused and witnesses — in the night without there being any special occasion for them to notice the features of any of the accused — which would then register in their minds so as to enable them to identify them on a future date — Fatal to prosecution. (Para 18) |
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| INDIAN EVIDENCE ACT, 1872 |
Evidence Act — S 3 — Relevant fact —Test Identification Parade — Chance meeting — duration of —for few minutes — Held, such identification simplicitor cannot form the basis — or be taken as the fulcrum for the entire case of prosecution. (Para 18) |
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| INDIAN EVIDENCE ACT, 1872 |
Evidence Act — S 3 — Relevant fact —Suspicion expressed by witness — not enough to record the finding of guilt against the accused. (Para 18) |
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| INDIAN EVIDENCE ACT, 1872 |
Evidence Act — S 3 — Relevant fact —Post-mortem report — Cause of death — Cardiac failure and not due to accident in question— fatal to prosecution. (Para 17) |
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| INDIAN EVIDENCE ACT, 1872 |
Evidence Act — S 3 — Relevant fact — FIR — Omission in — knife blow — inflicting of — missing in F.I.R. — Fatal to prosecution. (Para 11) |
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| INDIAN EVIDENCE ACT, 1872 |
Evidence Act — S 3 — Relevant fact — Political rivalry — Held, it will be necessary to scrutinize the testimonies of prosecution witnesses with more rigor. (Para 11) |
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| INDIAN EVIDENCE ACT, 1872 |
Evidence Act — S 3 — Relevant fact — FIR —Name of accused — not mentioned in the FIR — No role ascribed to accused— deposition in Court— Prosecution version not believable— CrPC — S 154. (Para 10 & 11) |
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| INDIAN EVIDENCE ACT, 1872 |
Evidence Act — S 3 — Relevant fact — Chemical Analyzer’s report — Absence of — Weapon of offence & blood stains on the clothes of deceased — of no help to prosecution. (Para 21) |
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| INDIAN EVIDENCE ACT, 1872 |
Evidence Act — S 27 — Recovery in pursuance of discloser statement — Recovery article — Non seizure — fatal to prosecution case. (Para 21) |
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| INDIAN EVIDENCE ACT, 1872 |
Evidence Act — S 27 — Recovery in pursuance of discloser statement — Admission by Panch witness — that the said place was easily accessible to one and all — Held, It would thus be seen that recovery is from the place which is known to one and all — Held, the said circumstance cannot be said to have been proved beyond reasonable doubt — Acquittal. (Para 13) |
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| INDIAN EVIDENCE ACT, 1872 |
Evidence Act — S 32 — Uncorroborated Oral Dying declaration — Held, conviction on the basis of uncorroborated version of oral dying declaration would not be safe. (Para 12) |
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| INDIAN EVIDENCE ACT, 1872 |
Evidence Act — S 32 — Uncorroborated Oral Dying declaration — Improvement in — fatal to prosecution — Acquittal. (Para 12) |
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| INDIAN EVIDENCE ACT, 1872 |
Evidence Act — S 32 — Oral Dying declaration — Material witness in whose presence the declaration was made — non-examination — Held, it will not be safe to rest conviction solely on the basis of the alleged oral dying declaration. (Para 12) |
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