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. 149 – A clear finding is required to be recorded regarding the nature of the common object, as also to show that the object was an unlawful one before any conviction can be recorded with the aid of Section 149.
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 […]
The credibility of a witness cannot be judged merely on the basis of his close relation with the deceased and as such cannot be a ground to discard his testimony, if it otherwise inspires confidence and, particularly so, when it is corroborated by the evidence of independent and injured witnesses.
Evidence Act, 1872 – Sections 65A and 65B – Any electric record in the form of secondary evidence cannot be admitted in evidence unless the requirements of Section 65B are satisfied. Conspiracy – It is not necessary that all the conspirators should know each and every detail of the plot […]
Contradict Witness : Section 145 of the Evidence Act reads as under: 145. Cross-examination as to previous statements in writing.- A witness may be cross-examined as to previous statements made by him in writing or reduced into writing, and relevant to matters in question, without such writing being shown to […]
Section 311 CrPC which reads as under: “311. Power to summon material witness, or examine person present.–Any Court may, at any stage of any inquiry, trial or other proceeding under this Code, summon any person as a witness, or examine any person in attendance, though not summoned as a witness, […]
The Supreme Court of India on July 4, 2012 in Vishwanath S/o Sitaram Agrawal Vs. Sau. Sarla Vishwanath Agrawal held that in a matrimonial dispute, it would be inappropriate to expect outsiders to come and depose. The family members and sometimes the relatives, friends and neighbours are the most natural witnesses. Matrimonial […]
The Kerala High Court on 18.02.2011 in Rajeevan Aswathy Vs. Superintendent of Police, 2011 (3) KLT SN 24 (C.No.26) : 2011 (1) KLJ 764 : 2011 (1) KHC 738 : 2011 (1) KLD 361 : 2011 CriLJ 2801 held that “the practice of the prosecution giving up a witness after […]