A. Indian Evidence Act, 1872 (1 of 1872), Section 106 – Indian Penal Code, 1860 (45 of 1860), Section 302 -- Murder – Circumstantial evidence -- Last seen theory -- Provisions of Section 106 of the Evidence Act are not intended to relieve the prosecution of its burden to prove the guilt of the accused beyond reasonable doubt -- Mere fact that the dead body of the deceased was found two kilometers back from place where the appellant had left him, could not be a ground to doubt the statement -- False explanation cannot be used as an additional link to fortify the prosecution case -- Suspicion, howsoever strong, it may be, cannot take the place of proof -- A moral conviction, however, strong or genuine cannot amount to a legal conviction supportable in law -- The cardinal principle of criminal jurisprudence in a case can be stated to be proved only when there is certain and explicit evidence and no person can be convicted on pure moral conviction – Findings recorded by the learned trial Court are perverse and do not in any manner re-concile with the evidence on record -- Appellant acquitted.

(Para 17, 19-24)

B. Indian Evidence Act, 1872 (1 of 1872), Section 106 – Circumstantial evidence -- If the prosecution case rests on circumstantial evidence, the circumstances from which an inference of guilt is sought to be drawn must be cogently and firmly established and that those circumstances must be conclusive in nature unerringly pointing towards the guilt of the accused -- Moreover all the circumstances taken cumulatively should form a complete chain and there should be no gap left in the chain of evidence -- Further, the proved circumstances must be consistent only with the hypothesis of the guilt of the accused and totally inconsistent with his innocence.

(Para 23)

A. Indian Evidence Act, 1872 (1 of 1872), Section 32(1) – Dying declaration -- 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 -- However, before accepting such a dying declaration, court must be satisfied that it was rendered voluntarily, it is consistent and credible and that it is devoid of any tutoring.

(Para 25)

B. Indian Evidence Act, 1872 (1 of 1872), Section 32(1) – Dying declaration -- Unless the evidence tendered is tested by cross-examination, it is not creditworthy -- Section 32(1) of the Evidence Act is an exception to this general rule.

(Para 29)

C. Indian Penal Code, 1860 (45 of 1860), Section 302, 34 -- Indian Evidence Act, 1872 (1 of 1872), Section 32(1) – Murder -- Dying declaration -- Attending doctor certified that the deceased was capable of narrating her statement -- Substance of the dying declaration is also borne out by the medical history of the patient recorded by the doctor which has also been proved in evidence -- Though there are inconsistencies and improvements in the version of the prosecution witnesses, there is however convergence with the core of the narration of the deceased made in the dying declaration and the medical history recorded by the doctor -- No reason to doubt the correctness of the dying declaration -- Evidence on record, particularly Ex. 59/ dying declaration clearly establishes the guilt of the appellant beyond all reasonable doubt -- Appellant held guilty.

(Para 35-37)

Will -- Examination of Scribe of Will – Video conferencing -- One of the attesting witness has expired and the other attesting witness has been summoned several times who is not coming forward to depose – Examination of scribe living abroad through video conferencing allowed -- Petitioner would not be in a position to get a Co-ordinator at the remote point -- Trial Court would give a direction in its order regarding appointment of a Coordinator at the remote point in accordance with the rules so that the petitioner is in a position to pursue his matter with the concerned consulate/ embassy/ High Commission.

(Para 8, 9)

A. Indian Penal Code, 1860 (45 of 1860), Section 302 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 161, 299 – Indian Evidence Act, 1872 (1 of 1872), Section 33 -- Statement of complainant u/s 161 of Cr.P.C. – Exhibited by Investigation Officer – Accused/ appellant remained absconding for a period of nearly 10 years -- Complainant left his house where he used to reside earlier -- Despite ample efforts being made by the Investigating Agency to summon and examine complainant, he could not be traced out and produced in the witness box for deposition during trial after the accused had been arrested -- Viewed in light of the provisions of Section 299 CrPC read with Section 33 of the Indian Evidence Act, 1872, the trial Court was justified in holding that the statement of complainant recorded in these proceedings was fit to be read as a piece of substantive evidence.

(Para 23, 38, 39)

B. Indian Penal Code, 1860 (45 of 1860), Section 302 -- Indian Evidence Act, 1872 (1 of 1872), Section 106 – Murder of wife -- Circumstantial evidence – Last seen together – Circumstances leading to murder were in the exclusive knowledge of the appellant -- He has offered no explanation as to the manner in which deceased was strangled to death within the confines of the room where only he and the deceased were present -- Bald plea of denial offered by the accused by way of an explanation to this gravely incriminating circumstance is not sufficient to absolve him of the burden cast upon him by virtue of Section 106 of the Indian Evidence Act, 1872.

(Para 46)

C. Indian Penal Code, 1860 (45 of 1860), Section 302 -- Indian Evidence Act, 1872 (1 of 1872), Section 106 -- Murder -- Incriminating circumstances -- Prosecution has established the following links in the chain of incriminating circumstantial evidence: (i) Motive; (ii) Last seen together; (iii) Medical evidence establishing that the cause of death of the deceased was homicidal. (iv) Confessional note; (v) Abscondence for nearly 10 years; (vi) Wrong explanation given by the accused in his statement under Section 313 CrPC; (vii) Failure of the accused to offer explanation for the homicidal death of his wife in the night time when only the accused and deceased were present in the house leading to the interference of guilt by virtue of Section 106 of the Indian Evidence Act, 1872 -- Conviction of appellant confirmed – Appeal dismissed.

(Para 47-51)

Code of Civil Procedure, 1908 (V of 1908), Section 151 -- Additional evidence -- By proposed additional evidence, the petitioner intends to produce copy of Registration, Memorandum and Article of Association, pertaining to Gaushala --  Application moved at the stage of rebuttal and arguments -- Nowhere, in the pleadings as well as in the testimony of witnesses, any reference was made to the aforesaid documents -- These documents were very much in the active knowledge of the petitioner, at the time of recording of the evidence -- Application for additional evidence dismissed.

(Para 9, 10)

Negotiable Instruments Act, 1881 (26 of 1881), Section 138 – Code of Criminal Procedure, 1973 (2 of 1974), Section 91 – Cheque bounce complaint – Production of Bank Account statement of complainant from Bank – Locus standi of accused -- Trial Court dismissed the application by observing that power to summon any document on file is vested with the Court or the Officer In-charge of the Police Station and thus, the application moved at the instance of petitioner-accused could not be entertained -- Held, power u/s 91 of CrPC can be exercised either by the Court on its own or even on an application moved by either of the parties to the trial – Impugned order set aside, matter remanded back to trial court to adjudicate afresh.

(Para 3-6)

Indian Penal Code, 1860 (45 of 1860), Section 302, 149 -- Indian Evidence Act, 1872 (1 of 1872), Section 106 -- Murder – Acquittal – Last seen together theory -- The theory of last seen together is helpful to the prosecution if the deceased was seen in the company of the accused in the proximity of the time at which the dead body is found -- Deceased on the day he was found dead, after he was allegedly seen with the accused, attended a meeting of the Congress Party -- Involvement of other persons in the offence is not ruled out – Appellant no. 2 was found in the company of the deceased is not sufficient to link him with the commission of the offence of murder – Conviction of appellants u/s 302/ 149 of IPC set aside.

(Para 17, 18)

Indian Contract Act, 1872 (9 of 1872), Section 11 -- Sale deed by minor – Challenge to – In school record plaintiff’s name is P.K -- In the Jamabandi/ revenue record, plaintiff’s name is P.K. daughter of K – In both the sale deeds assailed by the plaintiff her name is mentioned as P.K. and she claimed herself to be major -- Birth certificate (Ex.P1/A), on which the plaintiff placed reliance, pertains to R.K -- Plaintiff failed to produce any document to reveal that apart from P.K., she was ever known by the name of R.K. -- Mother and two brothers of plaintiff not examined – Held, it cannot be stated that birth certificate of R.K. pertains to the plaintiff – Suit dismissed.

(Para 2, 10-13)

Specific Relief Act, 1963 (47 of 1963), Section 37 -- Suit for permanent injunction -- Admission – Photocopy of sale  deed – Evidential value -- Once the defendants had categorically admitted that plaintiff was the owner of the land on which she had raised the construction of a building, there was no question to doubt the title of the plaintiff in this regard simply for the reason that only the copy of the sale deed was produced and not the original sale deed.

(Para 13)

Indian Evidence Act, 1872 (1 of 1872), Section 45 – DNA test of witness – Permissibility of -- Suit for declaration with consequential relief of permanent injunction -- When the person is not a party to the lis and is deposing in the Court, as only witness, his/her DNA examination cannot be allowed -- Application for seeking DNA examination, dismissed.

(Para 7, 11, 12)

A. Code of Criminal Procedure, 1973 (2 of 1974), Section 311 – Additional evidence -- Section 311 Cr.P.C. confers wide power, the said power is to be exercised only for strong and valid reasons with great caution and circumspection.

(Para 8)

B. Negotiable Instruments Act, 1881 (26 of 1881), Section 138 -- Indian Evidence Act, 1872 (1 of 1872), Section 65, 65B – Code of Criminal Procedure, 1973 (2 of 1974), Section 311  -- Screen shots of mobile – Secondary evidence -- Copies of the  screen shots being secondary evidence is admissible in evidence subject to requirement of certificate as per provisions of Section 65-B of the Evidence Act -- Electronic documents ordered to be admitted in evidence subject to provisions of Section 65-B of the Evidence Act with liberty to the petitioner to cross-examine the complainant -- Evidentiary value and relevancy of the said electronic documents will be adjudicated by the learned trial Court at the time of final disposal of the case.

(Para 9)

Code of Criminal Procedure, 1973 (2 of 1974), Section 391 -- Additional evidence at Appellate stage -- Certified copy issued by Private Bank -- Application for bringing on record the certified copy issued by the private bank -- Certified copy issued by the private bank is not per-se admissible, rather the same is required to be proved by way of evidence -- In the absence of any prayer for proving such document, even if application is allowed, such document would not be admissible as an evidence -- Application dismissed.

(Para 6, 7)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 21, 29, 31 – Indian Evidence Act, 1872 (1 of 1872), Section 30 -- NDPS case – Acquittal – Leave to appeal – Confession/ Disclosure of co-accused -- Prosecution failed to prove beyond reasonable doubt that the money allegedly recovered from the possession of respondent-accused i.e. Rs.7,500/- had been derived from the sale of narcotics -- Confession made by one accused cannot serve as a substantive piece of evidence against a co-accused -- Its admissibility is limited only for corroborative purposes -- Acquittal order, upheld.

(Para 5)

A. Right to Manage property – Electricity connection in name – Relevancy of -- Electricity bill at the most shows that there is an electric connection issued by the Electricity Board or Supply Company in favour of an individual -- However, it does not establish the rights to manage the property of the religious institution.

(Para 5.2)

B. Indian Evidence Act, 1872 (1 of 1872), Section 114 – Withholding of evidence -- Adverse inference – Presumption -- Failure of the plaintiff to step into the witness box to testify may enable the court to draw adverse inference if sufficient evidence has not been led -- Court may presume that the evidence which could be and is not produced would, if produced, be unfavourable to the person who withholds it -- However, it is not necessary to draw adverse inference in each and every case, even when sufficient evidence has been led.

(Para 5.3)

Indian Penal Code, 1860 (45 of 1860), Section 302 – Indian Evidence Act, 1872 (1 of 1872), Section 8 -- Murder -- Motive -- Mere absence of motive would not impinge on the testimony of a reliable eye-witness -- Motive is an important factor for consideration in a case of circumstantial evidence.

(Para 5)

A. Indian Evidence Act, 1872 (1 of 1872), Section 114 – Withholding of evidence -- Adverse inference – Presumption -- Section 114 enables the Court to presume existence of certain facts, which includes drawing of adverse inference particularly when the evidence which could be and is not produced would, if produced, be unfavourable to the person who withholds it -- Such presumption can be drawn only if the party intentionally withholds the best evidence.

(Para 6)

B. East Punjab Urban Rent Restriction Act, 1949 (III of 1949), Section 13 -- Indian Evidence Act, 1872 (1 of 1872), Section 114 – Non-examination of Landlady -- Adverse inference -- In each and every case, mere non-appearance of landlady/ landlord in the witness box would not necessarily require the Court to draw adverse inference -- It depends upon the facts and circumstances of the case.

(Para 7)

C. East Punjab Urban Rent Restriction Act, 1949 (III of 1949), Section 13 -- Indian Evidence Act, 1872 (1 of 1872), Section 114 – Non-examination of Landlady -- Adverse inference -- Landlady’s husband, who is also residing with her, appeared in evidence -- He has answered all the questions, which were put to him in his cross-examination -- Courts have not erred in refusing to draw adverse inference – Revision dismissed.

(Para 7, 11)

D. East Punjab Urban Rent Restriction Act, 1949 (III of 1949), Section 13 – Eviction petition -- Titel of landlord -- Rent proceedings are summary and the landlord is not required to prove his title as in the civil case.

(Para 10)

A. Negotiable Instruments Act, 1881 (26 of 1881), Section 138, 139 – Cheque bounce complaint – Presumption as to liability – Rebuttal – Standard of proof -- Once execution of the cheque is proved/ admitted, the presumptions u/s 118(a) and 139 of the said Act would arise that it is supported by a consideration -- Such presumptions are rebuttable in nature and the accused can prove the non-existence of a consideration by raising a probable defence, and if the accused is proved to have discharged the initial onus of proof showing that the existence of consideration was improbable or doubtful or the same was illegal, the onus would shift to the complainant who will be obliged to prove it as a matter of fact and upon its failure to prove would dis-entitle him to the grant of relief on the basis of the negotiable instrument -- Standard of proof so as to prove defence on the part of an accused is 'preponderance of probabilities' and inference of preponderance of probabilities can be drawn not only from the materials brought on records by the parties but also by reference to the circumstances upon which he relies.

(Para 6, 7)

B. Negotiable Instruments Act, 1881 (26 of 1881), Section 138 -- Cheque bounce complaint -- Void cheque – Alteration in cheque -- Amount written in cheque corrected in figures or in number without the knowledge and consent of maker of the cheque amounts to material alteration and also amounts cancellation -- The figure “2" was specifically inserted in cheque specifically without the knowledge of the drawer is a material alteration which makes the documents void -- Accused is not liable for any type of legal recoverable debt -- Nothing is on file to prove any type of transaction or debt to held the accused liable – Acquittal order upheld.

(Para 8-10)

C. Negotiable Instruments Act, 1881 (26 of 1881), Section 138 -- Cheque bounce complaint – Receipt issued on the letter pad of the shop of accused is also not proved the liability of the accused in any manner as no witness regarding the receipt is on the letter pad and without any witness the document did not prove any type of liability towards the accused.

(Para 9)

Code of Civil Procedure, 1908 (V of 1908), Order 5 Rule 17, Order 6 Rule 2(i) – Evidence -- Pleading -- Evidence is not required to be incorporated or made part of the pleadings – Plaintiffs have filed suit for possession by way of redemption of mortgage -- They claimed to have stepped into the shoe of mortgager by virtue of a sale deed -- They want to prove that their vendor had possessed title -- Hence, the evidence sought to be led is not beyond pleadings.

(Para 12)

A. Negotiable Instruments Act, 1881 (26 of 1881), Section 138 -- Cheque bounce complaint -- Handwriting expert -- Defence set up by the petitioner/ accused is that the cheque in question had been issued not for the purpose of returning any loan, but for the purpose of making a donation to a Saint -- Mere fact that the body writing on the cheque in question is not of the accused or of the complainant and is in the hand of some 3rd person, would not have any bearing either on the case of the complainant or on the defence plea being set up by the accused – Application for examining Handwriting expert dismissed.

(Para 1, 5, 6)

B. Negotiable Instruments Act, 1881 (26 of 1881), Section 138 -- Cheque bounce complaint -- Handwriting expert -- Accused would be required to prima facie show that the witness sought to be examined does have a relevance with the defence plea sought to be substantiated by the accused or has a potential to demolish the case of the complainant.

(Para 5)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 8, 18, 29, 67 – NDPS Case – Acquittal -- Confessional statement – Reliance upon -- Witnesses turned hostile, appellant was convicted and sentenced by taking recourse to Section 67 of the NDPS Act – Impugned order set aside, appellant acquitted of all the charges. Balwinder Singh (Binda)’s case (2023) SCC OnLine SC 1213 relied.

(Para 1-3)

Code of Civil Procedure, 1908 (V of 1908), Order 41 Rule 27 -- Additional evidence in appeal -- First Appellate Court dismissed the application on the ground that these documents were already in the knowledge of the petitioner and therefore, the same cannot be permitted to be led in evidence -- Documents are relevant and crucial to the decision of the case -- Rules or procedures are handmaids of justice -- Even if the documents were in the knowledge of the petitioner, the same could be allowed, subject to payment of some cost in order to advance the cause of justice -- Revision petition allowed, impugned order set aside.

(Para 1-10)

Code of Criminal Procedure, 1973 (2 of 1974), Section 173, 243 – Prosecution witness in defence -- Whether a witness which has been shown in the prosecution list but not examined on behalf of the prosecution, can be permitted to be examined as a defence witness – Held, there is no bar in the law for examining the said witness as defence witness – Appellant permitted to examine the prosecution witness as defence witness.

(Para 2-4)

A. Punjab Courts Act, 1918 (6 of 1918), Section 41 – Code of Civil Procedure, 1908 (V of 1908), Section 100 – Regular Second Appeal – Interference in finding on facts – Sub-clause No.(c) of Section 41 (1) of the Punjab Courts Act, 1918, enables the High Court for the States of Punjab, Haryana and Union Territory, Chandigarh, to reappreciate the evidence, if the decision is suffering from substantial error or defect resulting in defect in the decision of the case -- Consequently, it is permissible for the Court while deciding second appeal to re-appreciate the evidence if the decisions of the Courts suffer from perversity --  However, it is not permissible to interfere if two views are possible -- Interference in the second appeal has to be restricted to rare and exceptional cases where the court finds that the findings of fact stand vitiated by erroneous approach based on miss application of evidence or reliance on inadmissible evidence.

(Para 14, 15)

B. Indian Evidence Act, 1872 (1 of 1872), Section 45, 73 – Agreement to sell – Handwriting expert -- It is well settled that invariably the Handwriting and Finger Print Expert gives a favourable opinion to the person who has engaged him – U/s 73 of the Indian Evidence Act, 1872, the Presiding Judge is not debarred from carefully comparing the signatures and finger prints on various documents -- Adverse inference could not be drawn against the defendants for failure to examine Handwriting and Fingerprint Expert.

(Para 27(17))

C. Indian Evidence Act, 1872 (1 of 1872), Section 32, 33 – Code of Criminal Procedure, 1973 (2 of 1974), Section 313 -- Statement u/s 313 Cr.P.C was neither relevant nor admissible in evidence as the plaintiff failed to fulfill the requirements of Section 32 and 33 of the Indian Evidence Act, 1872.

(Para 27(18))

D. Agreement to sell -- Examination of the regular scribe was important.

(Para 27(21))

Negotiable Instruments Act, 1881 (26 of 1881), Section 4 -- Pronote – Attesting witness not examined – Recovery suit decreed by Trial court -- One of the marginal witnesses died, whereas the second was won over by the appellant -- In order to prove the pronote and the receipt, the plaintiff himself has stepped into the witness box and examined the Scribe who has proved the entry of the pronote in his note book which is also signed by the appellant -- Moreover, while filing the written statement, the defendant admits that he was called in the Tehsil Complex and on request of the plaintiff, he appended his signatures on certain documents -- No ground is made out to interfere with the concurrent findings of facts arrived at by both the Courts below, consequently, appeal dismissed.

(Para 2, 7, 8)

Code of Civil Procedure, 1908 (V of 1908), Order 14 Rule 5 -- Suit for specific performance and possession – Agreement alleged to be forged and fabricated document -- Issue “Whether the agreement to sell dated 14.02.2014 and its endorsement dated 18.02.2014 are forged and fabricated and result of fraud? OPD”, onus to prove was on the defendants – To prove her case, the petitioner moved an application for permission to inspect the file and Handwriting and Fingerprints Expert be allowed to take photographs of the signatures and thumb impressions -- Ld. ACJ rejected the application – Held, this would amount to rejecting the petitioner to prove his case – Impugned order set aside, application allowed.

(Para 3-6)

A. Indian Penal Code, 1860 (45 of 1860), Section 302 -- Indian Evidence Act, 1872 (1 of 1872), Section 32 – Murder – Acquittal -- Dying declaration -- There is no specific material piece of evidence to establish that the deceased was alive or in a position to speak when his brother & mother reached the spot -- Dying declaration cannot be ex facie accepted to be correct unless it stands corroborated by any other cogent evidence -- No material to corroborate the said dying declaration -- Conviction and sentence of the appellants set aside by granting the benefit of doubt – Appellants acquitted.

(Para 16-18)

B. Code of Criminal Procedure, 1973 (2 of 1974), Section 374 -- Appeal against conviction – Acquittal -- Where the evidence on record indicates the prosecution has failed to prove the guilt of the accused beyond reasonable doubt and that a plausible view, different from the one expressed by the courts below can be taken, the appellate court should not shy away in giving the benefit of doubt to the accused persons.

(Para 17)

Indian Penal Code, 1860 (45 of 1860), Section 302, 34 – Indian Evidence Act, 1872 (1 of 1872), Section 27 -- Murder – Acquittal -- Circumstantial evidence -- Deceased has suffered an incise wound which according to the doctor, who conducted the post-mortem, is caused by a sharp-edged weapon -- Prosecution has not recovered any sharp-edged weapon – FSL report states that the “pant” sent to them for examination was one dirty blue “terikot pant”, however, as per the recovery memo a “jeans pant” was recovered from the Appellant -- Nothing of these recoveries took place in the presence of an independent witness, the IO has admitted that he did not try to join any private person before carrying out the recoveries --  Evidence adduced gives rise to doubts, improbabilities and inconsistencies -- Prosecution has not established its case beyond reasonable doubt -- Appellant acquitted.

(Para 32)

A. Indian Evidence Act, 1872 (1 of 1872), Section 106 -- Circumstantial evidence -- Normal approach in a case based on circumstantial evidence is that the circumstances from which an inference of guilt is sought to be drawn must be cogently and firmly established.

(Para 9)

B. Code of Criminal Procedure, 1973 (2 of 1974), Section 161 – Statement u/s 161 Cr.P.C – Involvement of accused during deposition -- If the PWs had failed to mention in their statements u/s 161 CrPC about the involvement of an accused, their subsequent statement before court during trial regarding involvement of that particular accused cannot be relied upon.

(Para 26)

C. Code of Criminal Procedure, 1973 (2 of 1974), Section 161 – Statement u/s 161 Cr.P.C – Improved fact during deposition -- Prosecution cannot seek to prove a fact during trial through a witness which such witness had not stated to police during investigation -- The evidence of that witness regarding the said improved fact is of no significance.

(Para 26)

D. Indian Evidence Act, 1872 (1 of 1872), Section 136 -- Illiterate witness – Appreciation of evidence led by such a witness has to be treated differently from other kinds of witnesses -- It cannot be subjected to a hyper-technical inquiry and much emphasis ought not to be given to imprecise details that may have been brought out in the evidence -- If there were minor contradictions and inconsistencies, that could have been ignored since the recollection of exact details as to location and time can be attributed to the lack of literacy.

(Para 27, 28)

E. Indian Evidence Act, 1872 (1 of 1872), Section 106 -- Circumstantial evidence -- PW-5, a chance witness was in his village, answering the call of nature at 6 am, at which point he claimed to have seen the accused persons going in a jeep -- The side-on view would have been only for a couple of seconds at best, since they were travelling in a jeep – It is not safe to rely on this testimony solely to prove that the appellant was escaping after having murdered his wife.

(Para 29)

F. Indian Evidence Act, 1872 (1 of 1872), Section 106 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 313 – Indian Penal Code, 1860 (45 of 1860), Section 302, 34 -- Murder – Circumstantial evidence -- Explanation u/s 313 Cr.P.C. -- Main principle to be satisfied in a case of conviction based on circumstantial evidence is that the proved circumstances must be complete and incapable of explanation of any other hypothesis than that of the guilt of the accused but should be inconsistent with his innocence – There was alive a strong hypothesis that the deceased had committed suicide, which explanation was led by the appellant in his statement u/s 313 CrPC, and it is sufficient to create a doubt.

(Para 30)

G. Code of Criminal Procedure, 1973 (2 of 1974), Section 313 – Statement u/s 313 Cr.P.C. – Evidential value -- Statement of an accused under Section 313 CrPC is no ‘evidence’ because, firstly, it is not on oath and, secondly, the other party i.e. the prosecution does not get an opportunity to cross examine the accused – It cannot form the sole basis of conviction.

(Para 32, 33)

Negotiable Instruments Act, 1881 (26 of 1881), Section 138 – Cheque bounce complaint -- A complaint u/s 138 of N.I. Act requires to contain  such factual averments as are necessary to satisfy the ingredients of the said provision, namely, that the cheque/money bill which has been dishonoured was issued to discharge full or partial pre-existing debt liability -- It is not be the pre-requisite of Section 138 of the N.I. Act to plead evidence in the complaint itself -- Once a specific plea has been taken, it can be later on substantiated by adducing evidence at an appropriate stage.

(Para 7)

A. Indian Evidence Act, 1872 (1 of 1872), Section 63 -- Secondary evidence -- If no application is filed to lead secondary evidence of document, even then the Court is duty bound to record evidence.

(Para 8)

B. Indian Evidence Act, 1872 (1 of 1872), Section 63 -- Secondary evidence -- Party leading such evidence is to prove existence and loss of original document -- If photocopy is proved by way of secondary evidence, then Court is required to give finding if it is copy of original and to satisfy itself that possibility of tampering with the document is ruled out.

(Para 8)

A. Code of Civil Procedure, 1908 (V of 1908), Order 16 Rule 14, 21, Order 18 Rule 13A – Indian Evidence Act, 1872 (1 of 1872), Section 120, 137, 138, 139, 154, 155 – Parties to suit – Witnesses -- Function performed by either a witness or a party to a suit when in the witness box is the same -- Examination in chief, cross-examination and re-examination are all facets of a trial which can be availed by a party or the adversary, for both the party to a suit as a witness and also for other witnesses called by the party -- Held, there is no difference between a party to a suit as a witness and a witness simpliciter.

(Para 13-16, 32)

B. Code of Civil Procedure, 1908 (V of 1908), Order 7 Rule 14(4), Order 8 Rule 1-A(4)(a), Order 13 Rule 1(3) – Withholding of documents -- Production of documents for both a party to the suit and a witness as the case may be, at the stage of cross-examination, is permissible within law.

(Para 17-32)

C. Code of Civil Procedure, 1908 (V of 1908), Order 6 -- Arguments without pleadings -- It is settled law that what is not pleaded cannot be argued, as for the purposes of adjudication, it is necessary for the other party to know the contours of the case it is required to meet -- It is equally well settled that the requirement of having to plead a particular argument does not include exhaustively doing so.

(Para 28)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 21, 29 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- NDPS Case – Regular bail – Disclosure statement -- Petitioner cannot be detained in custody based on a statement made by the co-accused and the call details as these do not constitute a legally admissible piece of evidence -- Petitioner ordered to be released on bail.

(Para 16, 17)

A. Code of Criminal Procedure, 1973 (2 of 1974), Section 91 – Preserving of call details and tower location – Right of accused -- Preserving and requisitioning of the call details and tower location details would be necessary, otherwise the same would be lost forever -- Right of accused to invoke the provisions of Section 91 Cr.P.C. for obtaining documents in support of his defence has been recognized by the Constitutional Courts -- Legislative intent behind enactment of Section 91 Cr.P.C. is to ensure that no cogent material or evidence involved in the issue remains undiscovered in unearthing the true facts during investigation, enquiry, trial or other proceedings.

(Para 8)

B. Code of Criminal Procedure, 1973 (2 of 1974), Section 91 – Constitution of India, Article 21 -- Preserving of call details and tower location – Right of accused -- While passing the appropriate direction for preserving and production of call details/tower location details under Section 91 Cr.P.C. would violate the right to privacy of the police officials but the right of the accused under Article 21 of the Constitution of India in ensuring free and fair investigation/trial would prevail over the right to privacy of the police officials.

(Para 8)

C. Code of Criminal Procedure, 1973 (2 of 1974), Section 91 – Indian Evidence Act, 1872 (1 of 1872), Section 65A, 65B -- Preserving of call details and tower location – Right of accused -- Denial of an adequate opportunity to the accused by non-production of the electronic record, which is admissible under Section 65-A and 65-B of the Indian Evidence Act in criminal trial, would amount to miscarriage of justice -- Power under 91 Cr.P.C. must be exercised for production of such evidence, which would assist the Court in discovering the truth in the pursuit of justice.

(Para 9)

D. Code of Criminal Procedure, 1973 (2 of 1974), Section 91 – Constitution of India, Article 21 -- Preserving of call details and tower location – Right of accused -- As principles of natural justice are integral part of fair trial under Article 21 of the Constitution of India, any denial of the best available evidence or effective and substantial hearing to accused in proving defence would amount to denial of free and fair trial.

(Para 10)

Indian Evidence Act, 1872 (1 of 1872), Section 65 -- Secondary evidence – Photocopy of insufficiently stamped document – Permissibility of -- Photocopy cannot be admitted as secondary evidence even on payment of fee and penalty -- Impounding could be done only with regard to original document and not its copy -- Application filed by the plaintiff/ respondent No.1 to prove one agreement to sell by way of secondary evidence, was allowed by Trial Court -- Impugned order being not passed in accordance with law, deserves to be set aside – Revision allowed, order set aside. Hariom Agrawal’s case 2007(4) RCR (Civil) 548 relied.

(Para 1, 9, 10)

Code of Civil Procedure, 1908 (V of 1908), Order 41 Rule 27, Section 151 -- Additional evidence -- Original sale deeds were handed over to the counsel who failed to produce and prove the same whereas photostat copies of sale deeds were produced -- Said evidence is necessary for doing complete justice to the parties – Trial Court allowed the application -- No infirmity in the order passed by the court below, revision petition dismissed.

(Para 9)

Code of Civil Procedure, 1908 (V of 1908), Order 16 Rule 20 -- Constitution of India, Article 227 -- Closing of evidence in suit – One opportunity to lead evidence -- Petitioner admits that there is some inaction on her part but proving of the Will is necessary -- Petitioner-defendant No.1 wants to examine only two witnesses, Lambardar and Record Clerk of DC Office -- Petitioner should not be non-suited merely on procedural technicalities -- No prejudice would be caused to other side if one opportunity is granted to the petitioner to lead remaining evidence -- Petition disposed with a direction to the trial Court to give one opportunity subject to payment of costs of Rs.10,000/-.

(Para 2-7)

A. Indian Penal Code, 1860 (45 of 1860), Section 302 – Indian Evidence Act, 1872 (1 of 1872), Section 24 -- Murder -- Extra-judicial confession -- Extra judicial confession before PW-2 and PW-3/ real brothers of deceased -- It is not brought on record by the prosecution that the appellant/ accused had any relationship with both of them -- Normally, an accused would make a confessional statement before a person in whom he has implicit faith -- In the normal course, an accused would not make a confessional statement before the real brothers of the deceased -- When prosecution relies upon the evidence of extra judicial confession, normally, the Court will expect that the evidence of the persons before whom extra judicial confession is allegedly made, must be of sterling quality – Theory of extra judicial confession discarded – Appellant acquitted.

(Para 7, 8, 11)

B. Indian Penal Code, 1860 (45 of 1860), Section 302 – Indian Evidence Act, 1872 (1 of 1872), Section 27 -- Murder – Acquittal -- Blood stains on clothes of different Blood Group – Recovery of axe – Not believed -- Serology Report on record that the clothes on the person of the deceased were having blood stains of 'O' group -- As regards the trouser of the appellant, the opinion was inconclusive but as regards the other two items of clothes, it was found that the blood was of 'A' group -- This militates against the case of the prosecution that the blood stains on the clothes of the appellant were of the blood of the deceased -- Recovery of the axe at the instance of the appellant is of no relevance, as according to PW-2 and PW-3, the appellant was carrying a stick -- Appellant acquitted.

(Para 9-11)

A. Indian Evidence Act, 1872 (1 of 1872), Section 27 – Recovery during police custody – Admission of guilt -- Evidential value -- It is only the factum of recovery of the articles which can be taken into account and the statement made, if any, while getting the articles recovered which is to the effect of admission of guilt is to be discarded.

(Para 21)

B. Indian Penal Code, 1860 (45 of 1860), Section 302 -- Indian Evidence Act, 1872 (1 of 1872), Section 27, 106 -- Murder – Circumstantial evidence – Knowledge of PW/ Lambardar is in the nature of hear-say evidence that he had actually overheard some persons naming appellant as the murderer -- PW-3 with whom extra-judicial confession made stepped into the witness box did not support the case of the prosecution and was declared hostile -- Recovery of the auto-rickshaw on its own cannot be said to be an incriminating piece of evidence – Nothing on record either to show that the blood stain found on the recovered ‘datar’ and on the cardigan were of the same blood group or that the same matched with the blood group of the deceased – Appellant acquitted.

(Para 21-25)

C. Indian Evidence Act, 1872 (1 of 1872), Section 106 -- Circumstantial evidence -- Law postulates two-fold requirements before reliance can be placed upon the same :

(i) Every link in the chain of the circumstances necessary to establish the guilt of the accused must be established by the prosecution beyond reasonable doubt.

(ii) All the circumstances must be consistent pointing only towards the guilt of the accused.

(Para 22)

A. Indian Evidence Act, 1872 (1 of 1872), Section 32 -- Dying declaration -- A conviction can be solely recorded on the basis of dying declaration -- Court must come to a conclusion that the dying declaration is trustworthy, reliable and one which inspires confidence.

(Para 10)

B. Indian Evidence Act, 1872 (1 of 1872), Section 32 -- Dying declaration -- Dying declaration recorded by Executive Magistrate -- Deceased received burn injuries on 5th November 1991 but the dying declaration recorded on 8th November 1991 after an application was made by the relatives of the deceased to the SDM -- Boys, who had brought the application containing the order of the SDM had told him that the statement of the deceased should be recorded and that she was in a position to make the statement -- Those boys told him that whatever they had to tell the deceased, they had told her -- Those 2-3 boys related to the deceased and some other persons were also in the room in which he recorded the statement of the deceased – There is a grave doubt as to whether the dying declaration recorded was a voluntary one or tutored -- Executive Magistrate had recorded the dying declaration of the deceased on 8^th November 1991 at 04.40 p.m. whereas the opinion with regard to her fitness was given by him at 06.00 p.m. on 8th November 1991 – It cannot be said that the dying declaration is free from doubt.

(Para 11-14)

C. Indian Penal Code, 1860 (45 of 1860), Section 304-B -- Indian Evidence Act, 1872 (1 of 1872), Section 32 – Dowry death – Acquittal -- Dying declaration -- High Court disbelieved the dying declaration insofar as father-in-law of the deceased is concerned – Court failed to understand as to how the same dying declaration could have been made basis for conviction of the appellant when the same was disbelieved insofar as another accused is concerned -- For harassment with regard to non-fulfillment of demand of dowry, except the vague allegation, there is nothing in their evidence to support the prosecution case -- No evidence to prove beyond reasonable doubt that the deceased was harassed on account of non-fulfillment of demand of dowry -- Case u/s 304-B of IPC is not made out by the prosecution – Judgment of conviction set aside -- Appeal allowed.

(Para 15-18)

Indian Evidence Act, 1872 (1 of 1872), Section 137 -- Recovery suit – Cross-examination of witness -- Plaintiff’s evidence has been closed on the request of the plaintiff himself -- Cross-examination of plaintiff is necessary for the proper and just adjudication of the issue involved without causing prejudice to the rights of any of the parties to lis -- Plaintiff directed to produce witness before the learned trial Court for the purpose of cross-examination.

(Para 8-10)

Indian Evidence Act, 1872 (1 of 1872), Section 114(e) -- Exhibition of documents – Not signed by Presiding Officer – Effect of -- In case any document was left to be signed by the then Presiding Officer, it can be signed by the subsequent Presiding Officer -- Document exhibited on the basis of the statement of a witness recorded in the Court and no adverse inference can be drawn if any statement or exhibited document was left to be signed by the then Presiding Officer.

(Para 5)

Code of Civil Procedure, 1908 (V of 1908), Order 16 Rule 20 -- Constitution of India, Article 227 -- Closing of evidence in suit – One opportunity to conclude evidence -- 10 effective opportunities were granted to the petitioner-defendant No.1 but only three witnesses were examined -- On a couple of occasions, the Bar was abstaining from work -- Trial Court did not commit any illegality in closing the evidence – However, matters should be decided on merits and parties should not be non-suited on technicalities -- One opportunity granted to the petitioner-defendant No.1 to lead his evidence subject to payment of costs of Rs.5,000/- to be paid to the plaintiff – Revision allowed.

(Para 6, 7)

A. Hindu Marriage Act, 1955 (25 of 1955), Section 13 -- Divorce petition -- Burdon of proof – Nature of evidence -- Degree of probability is not one beyond reasonable doubt, but of preponderance.

(Para 10)

B. Hindu Marriage Act, 1955 (25 of 1955), Section 13 – Divorce -- Cruelty – Long separation – Allegation of adultery -- Marriage solemnized in the year 2002 -- Disputes started between the parties from 2006 onwards -- Appellant–Wife registered a complaint u/s 498A of IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961 -- Respondent-Husband had questioned the character of the appellant-Wife -- Respondent-Husband also demanded a medical examination of the appellant–Wife, alleging she was living in adultery and had given birth to a child during the period of non-cohabitation -- Said request was nullified by the Order of the High Court – For a decade and half, the parties have been living separately -- Marriage does not survive any longer, and the relationship was terminated otherwise except by a formal decree of divorce – Status quo continues, awaiting an approval from the Court – Decree of divorce allowed.

(Para 16-20)

A. Negotiable Instruments Act, 1881 (26 of 1881), Section 138 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 391 – Cheque bounce complaint – Additional evidence at appellate stage -- Cheque dishonoured as drawer had closed the account and not on account of the difference in signature of the drawer -- Petitioner/ accused did not respond to the legal notice – Signature not disputed in statement u/s 313 Cr.P.C. – Thereafter 6 opportunities to lead defence evidence but he did not produce any witness – Defence evidence closed on the statement of the counsel for the petitioner and not by a Court order – Application for additional evidence by examining fingerprint and handwriting expert dismissed by Appellate Court -- No illegality or impropriety in the order – Revision dismissed.

(Para 7)

B. Code of Criminal Procedure, 1973 (2 of 1974), Section 391 – Additional evidence at appellate stage -- Section 391 Cr.P.C. vests a discretion in the Appellate Court to permit additional evidence, if it is necessary, in order to enable it to give a correct finding -- Test is that such evidence should be necessary for the just and proper decision of the case -- Provision is not intended to remedy the negligence or latches of a party -- Not desirable to exercise power u/s 391 Cr.P.C. to enable the petitioner to fill in the lacunae.

(Para 8)

Indian Penal Code, 1860 (45 of 1860), Section 468 – Indian Evidence Act, 1872 (1 of 1872), Section 65 -- Forgery -- Secondary evidence -- To establish forgery it is imperative that the original document is produced or the existence and the destruction of the same is proved beyond doubt -- In the alternative, the party which wishes to lead secondary evidence with respect to the document must prove that it cannot possibly possess the primary original document as the same is in possession of the opposite party -- Original agreement to sell on which the complainants allegedly forged signatures had been affixed not brought on record but the complainant has also not been able to prove that the original had ever been executed but was in possession of the opposite party or had been destroyed -- Offence of forgery not made out.

(Para 12)

Negotiable Instruments Act, 1881 (26 of 1881), Section 138 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 311, 311A – Cheque bounce complaint -- Expert evidence in rebuttal -- Respondent/ accused disputed his signatures on the cheque from the very beginning -- If the complainant knowing fully well that the accused has denied his signatures on the cheque, did not choose to examine an expert, he cannot be permitted to examine such expert by way of rebuttal to defence evidence – Application dismissed by Trial court – Order upheld.

(Para 1, 8-10)

Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 6 – POCSO case -- Sodomy with minor boy – Acquittal -- Blood group of accused matched with the semen found on underwear of victim -- Affirmative incriminatory opinion recorded against the accused – Held, existence of semen stains on the underwear of the victim-boy, did require that the blood group of the victim also being collected by the investigating officer – In the event similarity of blood group of the accused and the victim conclusion would become sparked from the DNA specialist – Investigating officer did not collect the blood sample of the victim -- Resultantly, the opinion would beget thereto an exculpatory effect -- No apposite DNA profiling made – Benefit of doubt is to be accorded to the appellant-convict -- Victim completely resiling from his statements – Appeal allowed, convicting and sentence set aside -- Appellant acquitted.

(Para 17-19)

A. Indian Evidence Act, 1872 (1 of 1872), Section 3A, 7 – Document -- Pen-drive -- Recording (audio-video) contained in the pen-drive is documentary evidence being an electronic record and can even be treated as an admission u/s 7, however, subject to proof of its genuineness.

(Para 8)

B. East Punjab Urban Rent Restriction Act, 1949 (III of 1949), Section 13 – Indian Evidence Act, 1872 (1 of 1872), Section 3A, 7, 65-B -- Arrears of rent -- Eviction petition – Voice sample comparison – Permissibility of -- Admission relating to payment of rent in pendrive -- Pendrive was permitted to be played in Court in the presence of both the parties under the orders of the Rent Controller which was never challenged by the respondent-landlord -- Same was put to respondent while he appeared as PW-1 and was made part of record as Ex.-R-1/A along with an affidavit/ certificate submitted by the petitioner-tenant as Ex. R-2 -- PW-1 disputed the voice therein to be that of petitioner-tenant -- Petitioner-tenant permitted to send his voice sample to the Central Forensic Science Laboratory for comparison with the audio/video recorded in the pendrive Ex.R1/A.

(Para 9-11)

A. Indian Evidence Act, 1872 (1 of 1872), Section 68, 69 -- Will -- Death of attesting witnesses – Proof of -- Sections 68 and 69 of Evidence Act are with regard to the procedure to be followed in order to prove any Will -- Section 69 of Evidence Act will be applicable as both the attesting witnesses of Will are stated to have died and as per the said provision of law the Will in question could be proved by examining witnesses who are able to identify the signatures/ attestation of one attesting witness atleast on the Will in question.

(Para 5)

B. Indian Evidence Act, 1872 (1 of 1872), Section 68, 69 – Code of Civil Procedure, 1908 (V of 1908), Section 151 -- Will -- Death of attesting witnesses – Examination of son of attesting witness – Respondent intend to examine son of one of the attesting witness of the Will to identify the signatures of said attesting witness on will in question as per the provisions of Section 69 of Evidence Act -- Said evidence is necessary for the just decision of the case -- Request for the same was made at the belated stage and for that the learned trial Court rightly burdened the respondents with cost of Rs.10,000/- -- No ground to interfere -- Revision petition dismissed.

(Para 6-8)

Indian Evidence Act, 1872 (1 of 1872), Section 45 – Code of Civil Procedure, 1908 (V of 1908), Section 9 -- Recovery suit -- Expert opinion -- Specimen signature/ Handwriting of plaintiff -- Respondent/ plaintiff himself admitted in his cross-examination that he is ready to give his specimen signatures and handwriting -- No prejudice would be caused to him -- Revision allowed, respondent/ plaintiff directed to give his specimen signatures and handwriting for comparison from the handwriting expert engaged by the petitioners/ defendants.

(Para 5)