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State vs 1. Smt Pushpa Devi on 30 April, 2013

26. During the course of arguments, ld counsel for the accused persons vehemently contended that the evidence of PW 1 -(Sohan Lal- father of the complainant); PW 2 - Rohini @ Dolly (complainant) and PW 10 - Smt Krishna Devi (mother of the complainant) who are material witnesses in this case is not reliable and trustworthy as these witnesses have made material improvements and embellishments in their depositions before the court as compared to their statements recorded under Sec. 161 CrPC as well as their failure to specify the alleged instances of harassment, torture and beating of the complainant (PW 2- Rohini @ Dolly) on ground and in connection with dowry demands and these allegations of harassment and torture are vague, general in nature, unspecific and bald and in support of this contention reliance has been placed on the cases reported as Sukhbir Jain & Anr Vs State (supra); Anil Kumar Vs State of Punjab (supra); Rohstash Vs State of Haryana (supra); Bhupender @ Kale Vs State (supra); Neelu Chopra & Anr Vs Bharati (supra); State of NCT of Delhi Vs Rakesh & Ors (supra) and Shiv Kumar Vs State (supra).
Delhi District Court Cites 20 - Cited by 0 - Full Document

Ashok Kumar vs State Of Punjab And Another on 10 January, 2023

5. The primary contention raised in the petition is that under Section 115(4) of the Act, only a police officer above/equal to the rank of Deputy Superintendent of Police could conduct the search and seizure without warrant and secondly, the police officer concerned was required to obtain the opinion of the Registrar of Trade Marks prior to the Deputy Superintendent of Police making any search or seizure. It was contended that the entire search and seizure had been undertaken by a Sub Inspector and an Assistant Sub Inspector. Therefore, since the mandatory requirement of obtaining the prior opinion of the Registrar has not been complied with, and the raid was not conducted by a Deputy Superintendent of Police level officer, the entire search and seizure stood vitiated, and therefore, the proceedings against the petitioner ought to be quashed. Reliance is placed on the judgments passed in the cases of "Anil Kumar versus State of Punjab and another (CRM-M-9229-2009 decided on 22.03.2011), Satpal and another versus State of Punjab and others (CRM-M-23090-2009 decided on 11.10.2010), Kasim Ali s/o Akbar Ali and another versus State of Madhya
Punjab-Haryana High Court Cites 32 - Cited by 0 - J S Bedi - Full Document

Biplav Biswas vs State Of Nct Of Delhi on 31 May, 2019

50. While discussing the credibility of an Extra Judicial Confession, the learned Senior Counsel for the appellant had contended that the learned Trial Court had erred in relying upon the Extra Judicial Confession of the appellants heard by Rajbir Singh (PW-10) because CRL.A. 681/2017 & other connected matters Page 28 of 58 the same is a weak piece of evidence and it cannot be relied upon without corroboration.In support of his contention, the learned Senior Counsel for the appellant has relied upon Jayendra Saraswathi Swamigal v. State Of Tamil Nadu, (2005) 2 SCC 13, Kadamanian vs State (2016) 9 SCC 325; Kusuma Ankama Rao v. State of Andhra Pradesh, (2015) 4 SCC281; Anil Kumar vs. State of Punjab (2008 2 RCR (Criminal).
Delhi High Court Cites 63 - Cited by 0 - S D Sehgal - Full Document
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