Penal Code, 1860 – S. 307 – Whether the accused can be acquitted from the charge under Section 307 of I.P.C. on the basis of compromise at the appellate stage or not? Held, once a person is convicted, then he cannot be acquitted on the basis of compromise.
Evidence Law – Minor discrepancies, embellishments, contradictions in the evidence of witnesses would not be material to discard the prosecution story but where the discrepancies or contradictions are to such an extent which shakes the very foundation of the prosecution case and which makes the evidence of the witnesses untrustworthy, […]
Penal Code, 1860 – Ss. 302 r/w. 34 & 324 – in India theory of “falsus in uno falsus in omnibus” is not applicable and the Court is duty bound to extract the truth from the statements of the eye-witnesses. Only on the basis of some contradiction in the statements, with regard […]
Evidence Law – Hostile Witness – Evidence of a hostile witness would not be totally rejected if spoken in favor of the prosecution but it should be subjected to close scrutiny and the portio of the evidence which is consistent with the case of prosecution or defence can be relied […]
Penal Code, 1860 – S. 354A – Sexual Harassment – Punishment for – Absence of any independent witness – the applicant demanded sexual favour from the prosecutrix – Such indecent acts are usually committed at a secluded places, as the demand is very personal in nature, the contention about absence of any independent […]
Penal Code, 1860 – Ss. 325 & 326 – Criminal P.C. 1973 – Ss. 227 & 228 – Framing of Charges – Medical Report – Injuries grievous in nature – not committed any error in framing the charges – at the stage of framing charges, an elaborate inquiry into truthfulness […]