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1 - 10 of 12 (0.40 seconds)Section 302 in The Indian Penal Code, 1860 [Entire Act]
Section 27 in The Indian Evidence Act, 1872 [Entire Act]
Section 164 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 34 in The Indian Penal Code, 1860 [Entire Act]
The Indian Penal Code, 1860
Section 313 in The Code of Criminal Procedure, 1973 [Entire Act]
State Thorugh C.B.I vs Mahender Singh Dahiya on 28 January, 2011
The Supreme Court in Mahendra Singh Dahiya, supra while dealing with a case where the prosecution was not able to prove by reliable evidence whether the blood group 'O' that was of deceased Namita whether it is Rh+ or Rh- was insufficient proof unless a further investigation was made. In the present case too, apart from above, the FSL report does not categorically indicate the Rh group of the blood. Moreover, it was very necessary for the prosecution to ascertain own blood group of the accused to rule out the possibility that shirt and pant were not containing blood stains of the accused himself because there was gap of two days between the accident and the time when he was arrested. The Supreme Court in umpteen number of cases has held that where accused is found to be injured and the case solely rests on circumstantial evidence, not ascertaining own blood group of the accused would be fatal to the prosecution case because the possibility of such blood being that of the own group of the accused is not ruled out.
The Code of Criminal Procedure, 1973
Harishchandra Ladaku Thange vs State Of Maharashtra on 30 August, 2007
Learned counsel in support of his arguments cited judgements of Supreme Court in State through Central Bureau of Investigation vs. Mahendra Singh Dahiya-(2011) 3 SCC 109, Khalil Khan vs. State of M.P.-(2003) 11 SCC 19, Harishchandra Ladaku Thange vs. State of Maharashtra-2007 (2) WLC (SC) Criminal 743, Venkatesan vs. State of Tamil Nadu-2009 (1) Western Law Cases (SC) Criminal 81 and Basavaraja & Ors. vs. State of Karanataka-2009 (1) Western Law Cases (SC) Criminal 577. It is therefore prayed that the impugned judgement be therefore set aside and the accused-appellant be acquitted.