Uncategorized - Acharya Lexord & Co. (Advocates & Consultants)

Acharya Lexord & Co. (Advocates & Consultants)

Uncategorized

By admin | 28 Sep, 20 | 1 Comments |

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A "related" witness, who may be naturally present at the scene of the crime, his testimony should not be dismissed simply because of his relationship to the victim and the Court must assess the reliability, consistency, and coherence of his statement rather than labelling him as untrustworthy.
The inference of common object has to be drawn from various factors such as weapon used, their movement, the act of violence and the result, and the person who were the members of such unlawful assembly, all of them are vicariously liable for the act of such unlawful assembly irrespective of their individual act. Trivial discrepancies would not made the evidence of eye witness unbelievable as mathematical niceties cannot be expected from a witness after lapse of some time of the incident.
The non-compliance of Rule 10 and 11 of the NDPS Rules/Standing Order No. 1/89 issued by the Central Government and delay or deviation from Section 52-A of the NDPS Act, will not by itself fatal to the case of prosecution if recovery and seizure of the contraband from the possession of the accused is clearly established from other evidence in its cumulative effect.
If the Rules made for general good, causes hardship to an individual, the same could not be a ground for striking down the said Rules.
The statutory authority is entitled to frame the statutory rules laying down the terms and conditions of service as also the qualifications essential for holding a particular post.
The confession given by one accused is not substantial evidence against the other accused and can be used against the other accused only when other evidence is available against the other accused and the Court feels that the confession of crime should be used to support the other evidence, only then the confession of crime can be used against the other accused.
Once a dying declaration is found to be authentic inspiring confidence of the Court, then the same can be relied upon and can be the sole basis for conviction without any corroboration.
In case of serious doubt as to whether victim / deceased was in fit state of mind to make dying declaration and in absence of certificate of doctor, it would be unsafe to convict an accused on the basis of dying declaration for offence under Section 302 of the IPC.
Application filed under Order 7 Rule 14 CPC should be allowed if application indicates exceptional circumstances as it is not a hollow formality.