Under which circumstances the court can rely on the identification of accused before the court in absence his test identification parade?

Law web/ Oktober 2, 2020/ Indian Law

Learned counsel for the appellant has argued at length to contend that the appellant was falsely implicated on the basis of wrong identification of the child victims and that dock identification for the first time in Court, in absence of any TIP, has n…

Whether court can permit accused to return to his country even though there is no extradition treaty between India and that country?

Law web/ Oktober 2, 2020/ Indian Law

 Undoubtedly, as observed by the learned Revisional Court vide the impugned order dated 30.5.2020 in CR No. 881/2019 there is no extradition treaty between India and the Republic of Kyrgyzstan. However, placed on record is the Treaty between the Republ…

Whether not working country-made pistol is a deadly weapon for S 398 of IPC?

Law web/ September 17, 2020/ Indian Law

 The next issue to be examined is whether the country madepistol (katta) can be termed as a “deadly weapon” as contemplated under Section 398 of the IPC. At this stage, it would be relevant to refer to the language of Section 398 of the IPC. The said S…

Whether the court can hold accused guilty for the offence under Arms Act if he had a country-made pistol, not in working condition?

Law web/ September 17, 2020/ Indian Law

  The next the question to be addressed is whether the appellant’sconviction under Sections 25 and 27 of the Arms Act is maintainable.It was contended on behalf of the appellant that the country madepistol (katta) was in a state of disrepair and theref…

Whether the court can rely on evidence of the police officer if independent witnesses do not support it?

Law web/ September 17, 2020/ Indian Law

 The contention that the testimony of the police witnesses couldnot be relied upon in absence of corroboration by any public witness, is unpersuasive. Merely because witnesses from the general public that had allegedly assembled at the spot, were not e…