| Topics |
Headnote |
Judgement |
| CRIMINAL TRIAL |
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| CRIMINAL TRIAL |
Criminal Trial — Laid down Procedure — violation of — The samples forwarded by IO directly without routing the same through the court —fatal to prosecution. |
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| CRIMINAL TRIAL |
Criminal Trial — Version of defence — Death by strangulation & point blank gunshot injury — Corroborated by Medical evidence — found reliable — Acquittal. |
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| CRIMINAL TRIAL |
Criminal trial — Case property — non recovery of — Not even one of the objectionable and obscene photographs could be recovered by the police during investigation — while lodging FIR the first informant did not mention about his having recovered and destroyed one photograph with negative — Fatal to prosecution. |
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| CRIMINAL TRIAL |
Criminal trial — Defective investigation — the name of the person whose photograph it was supposed to be, was different — not explained by IO — Held, The IO had, apparently, made a false statement before the Magistrate, to the effect that appellant no.1 had produced one photograph and one negative, while obtaining remand of appellant no.1 in police custody — The prosecution is silent as to what happened to the other photographs — the PW did not show any anxiety to get back the other photographs and was satisfied after getting one out of the so many— said to have been taken by appellant no.1. — Held, that any such photographs actually existed, was not satisfactorily established. |
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Criminal Trial — Adverse inference —Oral evidence — placing reliance on — Manipulation in documents — Held, a person who went to the extent of manipulating the entries in a notebook and fabricated evidence to support a particular assertion made by him — not reliable. |
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| CRIMINAL TRIAL |
Criminal Trial — Defective investigation — CrPC — S 161 — Statement under — Material alteration by IO — Explanation of — He did not record the fact because he thought that 'the FIR would be very lengthy', and that, 'it was not necessary.' — Not tenable. |
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| CRIMINAL TRIAL |
Criminal Trial — Defective investigation — CrPC — S 161 — Statement under —Improvement by prosecution witnesses — Contradictions and omissions — appearing in their statements recorded by IO — Material alteration by IO — at the cost of inviting blame on himself, protected the credibility of the witnesses — Held, A Police Officer, usually sticks to the record made by him — the conduct of the Investigating Officer and his evidence is quite unusual and remarkable — obviously with the object of protecting the credibility of the witnesses — the IO was more worried about the risk involved in discrediting the prosecution witnesses. |
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