07/01/2024
S. 154. Delay in lodging of first information report. Effect. Unexplained delay in lodging FIR creates serious doubt on the authenticity of prosecution version. 2019 _ Pcrlj _ 1627 ( c ).
Art. 22. Identification parade. Holding of I. P. would become mandatory if names of culprits are not mentioned in the FIR. 2019 _ Pcrlj _ 1563 ( c ).
Art. 129. In case of non production of material witnesses, inference could be drawn that had said witnesses stepped into the witness box, they would have not supported the prosecution case. 2019 _ Pcrlj _ 1480 ( e ).
Inordinate delay in lodging the FIR which had not been plausibly explained within the body of FIR. Such inordinate delay was fatal to the prosecution case. 2019 _ Pcrlj _ note 128 _ Page 144
S. 497. Person who is entitled to the grant of bail is not to be kept in the jail, as even a single day of detention of an innocent accused can not be compensated, after his acquittal at the conclusion of the case. 2019 _ Pcrlj _ 1618 ( c ).
S. 342. Statement of defense. Statement of defense was either to be rejected or taken as a whole. 2019 _ Pcrlj _ Note 125 _ Page 139
S. 342. Any piece of evidence not put to accused at the time of recording his statement under s. 342 crpc could not be considered against him. 2019 _ Pcrlj _ 1610 ( c ).
S. 164. Confession. If a retracted confession stands proved from other un challenged or proved circumstances, the same could be believed. 2019 _ Pcrlj _ note 125 _ Page 139
S. 22 _ A. Civil and criminal proceedings can proceed side by side. No bar on the initiation of criminal proceedings in the presence of civil suit. 2019 _ Pcrlj _ 1558 ( c ).
S. 103. Despite availability of independent witnesses of the locality, police official was made mashir for the purpose of all the mashirnamas which being violation of s. 103 crpc caused damage to the prosecution case. 2019 _ Pcrlj _ note 138 _ Page 156
: S. 161. Supplementary statement. Involvement and nomination of accused on the basis of supplementary statement was depreciated and disapproved by the federal shariat court. 2019 _ YLR _ 2270 ( d ).
S. 154. Basic purpose of FIR was not meant to decide guilt or innocence but to activate the law enforcing agencies to immediately move for collection / preservation of evidence. 2019 _ YLR _ 2316 ( b ).
S. 497. Statutory delay. Where a case of statutory delay in the conclusion of trial is made out, ordinarily bail was not to be refused on hyper technical ground. 2019 _ YLR _ 2357 ( c ).
S. 540. Section 540 crpc gives wide powers to the court to examine any person as a witness at any stage of trial and impose a duty on the court to summon any person as a witness, who otherwise could not be brought before the court. 2019 _ YLR _ 2460 ( b ).
Where circumstances in the prosecution evidence create doubt, the benefit thereof must go to the accused. 2019 _ YLR _ 2381 ( b ).
Contradictions of minor nature and not material could be ignored as different witnesses had seen matters from different angles, position, proximity and location. 2019 _ YLR _ 2246 ( e ).
Counsel and client. Admission by counsel. Scope. Accused is not bound of admission of his counsel. 2019 _ YLR _ note 63 _ Page 50
Conviction can not be based on high probabilities and suspicion can not take place of proof. 2019 _ YLR _ 2329 ( c ).
Sentence. Harsher the sentence, stricter the standard of proof. 2019 _ YLR _ 2381 ( c ).
Evidence of police official. Prosecution witnesses being police officials by itself could not be considered as a valid reason to discard their statements. 2019 _ YLR _ 2287 ( c ).
