| Topics |
Headnote |
Judgement |
| INDIAN EVIDENCE ACT, 1872 |
|
PDF |
| INDIAN EVIDENCE ACT, 1872 |
Evidence Act — S 3 — Presence of witness — Sole eye witness — testimony of — Corroborative witness — presence doubtful —fatal to prosecution. (Para 8) |
PDF |
| INDIAN EVIDENCE ACT, 1872 |
Evidence Act — S 3 — Presence of witness — Version of witness — Blood was oozing from the body of the deceased — Blood stained clothes — non-seizure by IO — No resistance by witness — at the time of assault — Presence highly suspicious — Acquittal. (Para 9) |
PDF |
| INDIAN EVIDENCE ACT, 1872 |
Evidence Act — S 3 — Relevant fact — Standard of proof —When the evidence produced by the prosecution has neither quality nor credibility, it would be unsafe to rest conviction upon such evidence — Acquittal. (Para 13) |
PDF |
| INDIAN EVIDENCE ACT, 1872 |
Evidence Act — S 3 — Relevant fact — Medical Certificate — Nature of injury — not mentioned if the injuries were grievous or simple—fatal to prosecution. (Para 16) |
PDF |
| INDIAN EVIDENCE ACT, 1872 |
Evidence Act — S 3 — Relevant fact —Medical examination —Case paper —non production before the Court — fatal to prosecution. (Para 16) |
PDF |
| INDIAN EVIDENCE ACT, 1872 |
Evidence Act — S 3 — Relevant fact — Medical Certificate — Discrepancies in — Date of operation — not mentioned — Date of admission — not shown — Nature of stitches & age of patient — not mentioned — Held, basic evidence on the basis of which the injury certificate was issued, did not come before the Court. (Para 16) |
PDF |
| INDIAN EVIDENCE ACT, 1872 |
Evidence Act — S 3 — Relevant fact — Seizure— Officer who seized the articles — non examination of — fatal to prosecution. (Para 17) |
PDF |
| INDIAN EVIDENCE ACT, 1872 |
Evidence Act — S 3 — Relevant fact — Dispatch of articles to Chemical Analyzer — Carrier — non examination of — fatal to prosecution. (Para 17) |
PDF |
| INDIAN EVIDENCE ACT, 1872 |
Evidence Act — S 3 — Relevant fact — Blood group — Report of Chemical Analyser — inconclusive regarding the grouping — fatal to prosecution. (Para 17) |
PDF |
| INDIAN EVIDENCE ACT, 1872 |
Evidence Act — S 3 — Relevant fact — Defective Investigation — Effect of — Held, the investigation does not appear to have been fair and impartial and genesis of the incident has not come clearly on record — fatal to prosecution. (Para 19) |
PDF |
| INDIAN EVIDENCE ACT, 1872 |
Evidence Act — S 3 — Relevant fact — Previous dispute — Victim had grievances against the accused due to property — Held, it is risky to rely on uncorroborated evidence of the victim regarding actual assault — IPC — S 307. (Para 22) |
PDF |
| INDIAN EVIDENCE ACT, 1872 |
Evidence Act — S 3 — Relevant fact — Medical History — non-mentioning — by the doctor — fatal to prosecution. (Para 19) |
PDF |
| INDIAN EVIDENCE ACT, 1872 |
Evidence Act — S 3 — Relevant fact — Relevant witness — non examination of — Head Constable came to hospital to record the statement of victim — not examined as prosecution witness — Neither any statement was brought on record — fatal to prosecution. (Para 23 & 24) |
PDF |
| INDIAN EVIDENCE ACT, 1872 |
Evidence Act — S 3 — Relevant fact — Delay in FIR — lodged after two days — Condition of victim — was oriented & able to speak — Assault by the husband — allegation of — Conduct of witness — Delay in making statement — Held, deceased was oriented and was able to speak, she could have made this statement to all her relatives who come to see her including her parents— Had they heard that the injuries were caused by their son-in-law, they would have certainly rushed to the police station— This means that the deceased did not make such allegation for two days— fatal to prosecution — CrPC — S 154. (Para 28) |
PDF |
| INDIAN EVIDENCE ACT, 1872 |
Evidence Act — S 3 — Relevant fact — Conduct of witness — Evidence of Medical Officer — Subsequent entry of history in the case papers— Held, the entry was probably subsequently added to support the prosecution case — strong doubt about truthfulness of medical officer’s testimony— He helped creation of false evidence against the accused—Acquittal. (Para 29) |
PDF |
| INDIAN EVIDENCE ACT, 1872 |
Evidence Act — S 3 — Relevant fact — Child witness — evidence of —Recording of statement — delay in —Held, had there been recording of statement of innocent children, soon after the incident —they would have certainly stated as to what had happened — Missed relevant details — Evidence discarded—Acquittal. (Para 31) |
PDF |
| INDIAN EVIDENCE ACT, 1872 |
Evidence Act — S 3 — Relevant fact — Tutored witness — Child witness — evidence of — reliability of —Held, If the deceased could be tutored, there was every possibility that the children would also be tutored —Evidence discarded—Acquittal. (Para 31) |
PDF |
| INDIAN EVIDENCE ACT, 1872 |
Evidence Act — S 3 — Relevant fact —Penalty — Admission of witness — the amount demanded by the respondent was towards penalty for over-loading of the vehicle— Held, there is little scope of confirming that there was demand of bribe —Acquittal — PC Act — Ss 7, 13 [1][d] r/w13[2]. (Para 9) |
PDF |
| INDIAN EVIDENCE ACT, 1872 |
Evidence Act — S 3 — Relevant fact —Tainted money — Delivery of — Receipt for the alleged bribe given by Receiving Officer — Held, transaction was not towards illegal gratification—Acquittal —PC Act — Ss 7, 13 [1][d] r/w13[2]. (Para 11) |
PDF |
| INDIAN EVIDENCE ACT, 1872 |
Evidence Act — S 3 — Relevant fact — Hostile witness —on point of admission and acceptance of bribe — Panch witness — not hearing the actual conversation between accused and complainant, at the time when complainant had approached to give bribe money — factum of demand cannot be considered as proof. (Para 14) |
PDF |
| INDIAN EVIDENCE ACT, 1872 |
Evidence Act — S 3 — Relevant fact — Name of the accused — discloser to eye witness — by some other person — No Test Identification Parade conducted — Fatal to prosecution. (Para 5.1 & 5.2) |
PDF |
| INDIAN EVIDENCE ACT, 1872 |
Evidence Act — S 3 — Relevant fact— Previous acquaintance —accused was not known to injured — Accused was produced by the police before the injured — No Test Identification Parade conducted — Fatal to prosecution. (Para 5.2) |
PDF |
| INDIAN EVIDENCE ACT, 1872 |
Evidence Act — S 32 — Suspicious Dying Declaration — Held, when a dying declaration is suspicious, it should not be acted upon without corroborative evidence. (Para 7) |
PDF |