Showing : 41-50 of 421 Results

ORISSA HIGH COURT
Year of decision: 2017
Details
Prevention of Corruption Act, 1988, Section 12, 7, 11, Criminal Procedure Code, 1973, Section 161, 164-- Abetment of offence u/ss 7, 11 of the Act - Resiling of complainant from his previous statement recorded u/s 161 or S.164 Cr.P.C. - Cannot be said that he has abetted the accused who is facing trial u/ss 7, 11 of P.C. Act, so as to make complainant liable u/s 12 of P.C. Act - Order framing charge..........
ORISSA HIGH COURT
Year of decision: 2017
Details
Evidence Act, 1872, Section 132-- Examination of witness - S.132 of the Act does not apply to a statement made by a person during an investigation u/s 161 Cr.P.C. rather it refers to a person who enters the witness box and is sworn as a witness...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 161-- Delay of 30 days in recording statement of PW2 - Delay in recording his statement is not fatal to prosecution, as testimony of PW2 completely corroborates the version of eye witness in all material details of incident particularly since there was change of investigating officer...........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 302-- Murder - Accused convicted on the solitary statement of PW8, brother of deceased - However, statement of PW8 is contrary to his earlier statement recorded by police u/s 161 Cr.P.C. and not corroborated by any documentary and oral evidence produced by prosecution - Statements of all the eye..........
CALCUTTA HIGH COURT
Year of decision: 2017
Details
Evidence Act, 1872, Section 32, Criminal Procedure Code, 1973, Section 161, 162(2)-- Dying declaration - There is no statutory form of a dying declaration - Even a statement given u/s 161 Cr.P.C. to a police officer may be regarded as a dying declaration in view of S.162(2) Cr.P.C...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Illegal detention-- State to pay compensation of Rs.1 lakh - Accused arrested inspite of the fact that no case was made out from the statement recorded u/ss 161 and 164 Cr.P.C. - Award of compensation of Rs.1 lakh will have no effect on availing other available legal remedies...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 161, Evidence Act, 1872, Section 145-- Witness contradicted with his statement u/s 161 Cr.P.C. - No part of his testimony can be taken into account for determining the culpability of accused...........
ORISSA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 319-- Summoning of additional accused - Informant named some of petitioners in the FIR but as per S.161 Cr.P.C., statement of informant indicates that he is a post occurrence witness - He projected himself as eye witness during trial of case - Other PWs not stated anything against petitioners in their..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Evidence Act, 1872, Section 32-- Dying declaration - Statement recorded by I.O. u/s 161 Cr.P.C. - Can be relied upon by Court as dying declaration - For recording statement u/s 161 Cr.P.C., I.O. is not required to take the signature of the author or of witnesses on the statement...........
DELHI HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 304B-- Dowry death - Death by burning - Deceased sustained 98% burn injuries - Deceased in her last statement to doctor stated that she sustained burns while she was cooking food - It is also recorded by doctor that smell of kerosene was absent - More so, joint reading of statements of Doctor, in charge..........

Showing : 41-50 of 421 Results