Showing : 181-190 of 432 Results

KERALA HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 197(1), 160, 161-- Police Officer inflicting custodial violence on a person, who is called to police station for questioning - Such acts have no reasonable connection or relationship to the act or acts which are to be done in the discharge of official duty - Not entitled to protection u/s 197(1) Cr.P.C...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 173, 172, 162, 161, Evidence Act, 1872, Section 145-- Case diary - Supply of copy of statement of accused recorded in case diary - Statement recorded in case diary cannot be held to be a statement recorded u/s 161 Cr.P.C. - Statement recorded u/s 161 Cr.P.C. already supplied to accused - Accused has no right on a statement which is neither part of..........
ORISSA HIGH COURT
Year of decision: 2011
Details
Evidence Act, 1872, Section 32-- FIR & Statement u/s 161 Cr.P.C. can be treated as dying declaration when cause of death of both the deceased persons is the acts of accused and both the deceased respectively stated facts or had revealed facts directly connected with their death...........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 363, 366, 372(2)(g)-- Accused allegedly kidnapped prosecutrix who took away cash and jewellery along with her while going with accused - Age of prosecutrix between 17 years and 19 years, thus capable of consenting to sexual intercourse - On the point of taking jewellery and cash, statement of prosecutrix given u/s 161..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 161, 162-- Information or statement made before the investigating officer u/s 161 Cr.P.C. requires corroboration by sufficient evidence - In the absence of any corroboration thereof, it would merely be a case where some witnesses had stated a particular fact before the investigating officer and the same..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Constitution of India, 1950, Article 161, 72, Indian Penal Code, 1860, Section 302-- Grant of pardon to convicts by Governor - Seven accused convicted and sentenced to life imprisonment by trial court - Governor granted pardon to three of the accused pending appeal by pronouncing their innocence - Order of Governor set aside - Held, to decide the innocence or otherwise of an..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Constitution of India, 1950, Article 161, 72, Indian Penal Code, 1860, Section 302-- Grant of pardon to convicts by Governor - Judicial review - Grounds are : (a) that he order has been passed without application of mind; (b) that the order is mala fide; (c) that the order has been passed on extraneous or wholly irrelevant considerations; (d) that relevant materials have been kept..........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Evidence Act, 1872, Section 9-- TIP - Holding of - None of the eye-witnesses describe appellant either in their statement recorded u/s 161 Cr.P.C. or prior to holding of T.I. Parade before Magistrate - In T.I. Parade there is nothing to show that persons of similar description i.e., complexion or age were mixed with appellant -..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 161-- Delay in examination of an eye witness, during investigation, without any explanation for such omission - Delay may assume importance and require Court to closely scrutinize and evaluate the version of the witness - However, in a case where IO had no such information about any particular..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
Evidence Act, 1872, Section 3-- Presence of witness at the spot - Death due to burns - Statement of witnesses u/s 161 Cr.P.C. recorded after about 28 days of occurrence and that too when there was change of I.O. - Both the witnesses are stated to be present at the time of recording of dying declaration of deceased - Had deceased..........

Showing : 181-190 of 432 Results