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Judgement |
| INDIAN EVIDENCE ACT,1872 |
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| INDIAN EVIDENCE ACT,1872 |
Evidence Act — S 3 — Relevant fact — Conduct of accused —recovery of dead bodies from the septic tank in the backyard of the house of the co-accused at the instance of main accused — identity of dead bodies not challenged — No explanation offered regarding sudden disappearance of deceased — not a natural conduct. (Para 17) |
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| INDIAN EVIDENCE ACT,1872 |
Evidence Act — S 3— Confession by co-accused — using against other accused — not permissible to proceed solely on the basis of the confession of co-accused made before the police — even if the relevant part of the confession is admissible and has been duly proved. (Para 16) |
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| INDIAN EVIDENCE ACT,1872 |
Evidence Act — S 27 — recovery in the pursuance of disclosure by the accused —the accused led the police officer to find out the spot where the crime was committed — & the tap where he washed the clothes — Held, eloquently speak of his conduct as the same is admissible in evidence to establish his conduct — Aftab Ahmad Anasari v. State of Uttaranchal —relied. (Para 13) |
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| INDIAN EVIDENCE ACT,1872 |
Evidence Act — S 3 — Relevant fact — Nature of injuries — Built of deceased — average built —woman assailant — no injury to her — small knife — Held, it is difficult to accept, that the accused being a woman, could have made such severe and repeated assault on the deceased, with a small knife, without any resistance and suffered no injury herself — Acquittal. (Para 12) |
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| INDIAN EVIDENCE ACT,1872 |
Evidence Act — S 3 — Relevant fact — weapon — recovery of — Failure to send to FSL — IO claimed to have found a knife with the smell of Dettol— Held, even if the knife had been wiped to erase traces of blood the wooden handle could have revealed much if it had been sent to the FSL— failure not explained — fatal to prosecution. (Para 13) |
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| INDIAN EVIDENCE ACT,1872 |
Evidence Act — S 3 — Relevant fact — Defective investigation — recovery of a knife with the smell of Dettol —No bottle of Dettol has been recovered — fatal to prosecution. (Para 13) |
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| INDIAN EVIDENCE ACT,1872 |
Evidence Act — S 3 — Relevant fact — Conduct of witness — If the deceased had been assaulted by the appellant in the room at night, it would certainly have led to noise and shouts and the witness could not have possibly slept throughout without waking up. (Para 13) |
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| INDIAN EVIDENCE ACT,1872 |
Evidence Act — S 3 — Relevant fact — Custody of muddamal articles — muddamal articles were in the custody of the investigating officer for considerable period — Held, during the said period possibility of tampering with the muddemal articles cannot be ruled out. (Para 54) |
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| INDIAN EVIDENCE ACT,1872 |
Evidence Act — S 3 — Relevant fact — Sending seized articles to Chemical Analyzer — Articles seized on various dates were sent to the Chemical Analyzer on same day for Chemical Analysis — not brought on record whether the said articles were properly sealed or not and kept in safe custody — fatal to prosecution. (Para 53) |
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| INDIAN EVIDENCE ACT,1872 |
Evidence Act — S27 — Recovery — non-supporting by panch witnesses —Held, all the recovery and other panchanamas are of no use to the prosecution— possibility of false implication of the accused persons cannot be ruled out. (Para 46) |
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| INDIAN EVIDENCE ACT,1872 |
Evidence Act — S 3 — Relevant fact — Rape case — Failure to lodge complaint — Conduct of prosecutrix — Prosecutrix did not state that accused used to give threat each time the act was done that she should not disclose it to anybody and therefore she kept quiet — Held, when there was no hurdle for her to lodge a report with Police, she has not approached any authority — not a natural conduct of a lady under such circumstance — Adverse inference drawn. (Para 15) |
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| INDIAN EVIDENCE ACT,1872 |
Evidence Act — S 3 — Relevant fact — Conduct of accused — no efforts were made by them to trace the deceased who were their family members — nor did they think it necessary to report that fact to the police— Held, cannot be a natural behavior or conduct. (Para 17) |
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