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Contradictions & Omissions: What are contradictions and omissions and how to cross (contradict) the witnesses with their previous statement has been explained

Burden of Proof & Public Prosecutor: While explaining the principles of 106 IEA in criminal cases Hon’ble Supreme Court has addressed the Government to appoint skilled lawyers as Public Prosecutors instead of political considerations

Section 27 IEA: Mere exhibiting the disclosure statement to the IO is not sufficient but the IO must give description about the conversation while recording disclosure statements in evidence

Section 451 Cr.P.C: Petition for disposal (return) of property cannot be filed directly by invoking Article 226 without invoking section 451 Cr.P.C before the concerned court

Case diary: Section 172(3) Cr.P.C: The accused has a right to cross-examine police officer as per section 145 Evidence Act whenever the police officer uses it to refresh his memory

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NDPS Act: Confession to the police officer is not admissible and hit under section 25 Evidence Act

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Reversal of Acquittal: Appellate court cannot reverse the acquittal on fresh appreciation of evidence and without recording any illegality error of law or of fact in the Trial court judgment

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      Murder case: Appreciation of evidence – Circumstantial evidence & recovery under section 27 Indian Evidence Act

      January 23, 2023

      This Court has elaborately considered as to how the law expects the IO to draw the discovery panchnama as contemplated under Section 27 of the Evidence Act. In the present case, leave aside the recovery panchnama being in accordance with the aforesaid requirement, there is no statement of Boby (accused No. 3/appellant herein) recorded under Section 27 of the Evidence Act. We are, therefore, of the considered view that the prosecution has failed to prove the circumstance that the dead body of the deceased was recovered at the instance of Boby (accused No. 3/appellant herein)

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