Showing : 51-60 of 421 Results

RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 211, Indian Penal Code, 1860, Section 498A, 304B, 302, 306, 406-- Charge - Charge framed u/ss 498-A, 304-B and in alternate u/s 302, 306, 406 IPC - Mother and brother of deceased though in their statement u/s 174 Cr.P.C. immediately after death stated that they have no grievance against i, laws but complaint on the basis of which FIR was registered, containing..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 498A, 306-- Offence u/ss 498-A, 306 IPC - Framing of charge - Statement u/s 161 Cr.P.C. - Veracity, trustworthiness and genuinity of witnesses can be tested only during trial and not at the stage of framing of charge - If there is prima facie sufficient evidence to prove the offence, accused can be charged..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 352, 448, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(v)-- Offence u/ss 352, 448 IPC and S.3(1)(v) of SC/ST Act - Property dispute - Contradictions and discrepancies in daily diary of police, complaint and statement recorded u/s 161 Cr.P.C. - Only independent eye witness turned hostile - FIR lodged quite belatedly - Information given by complainant as..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 161-- Murder - Child witness - Delay in recording of statement of child witness - PW5 was cross-examined on practically every detail of prosecution story and her statement corroborated every part thereof - Delay occurred due to the fact that I.O wanted to assure himself of veracity of statement of child..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 161-- Delay in recording statement of witnesses - Delay in recording statement of witnesses does not necessarily discredit their testimony - Court may rely on such testimony if they are cogent and credible and delay is explained to the satisfaction of the Court...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 161-- Delay in recording of statement of witnesses - Does not necessarily discredit their testimony, if they are cogent and credible and delay is explained to the satisfaction of Court - In the instant case, there was a delay of 15-16 days from the date of incident in recording the statements of PW3 and..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 190, Indian Penal Code, 1860, Section 302-- Order taking cognizance - Murder - Negative final report - Protest petition filed - Statement u/s 161 Cr.P.C. discloses allegations against accused - PWs did not deviate from their previous version given to Police - Even if negative final report was filed by police, at this stage Magistrate was..........
MADHYA PRADESH HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 311-- Witness - A witness whose statement is not recorded u/s 161 Cr.P.C. can be allowed to be examined u/s 311 Cr.P.C. - Evidentiary value of such witness has to be looked into and if it is found that prejudice is caused to accused, then evidence of such witness may or may not be acted upon...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Electricity Act, 2003, Section 125, Limitation Act, 1963, Section 14-- Appeal to Supreme Court - Delay of 161 days in filing appeal - Condonation of delay - Delay occurred on account of time taken by appellant in prosecuting review petition before Appellate Tribunal - However, said review petition also filed delayed by 37 days - Even there is delay in filing appeal..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 435, 427, 447, 342-- Witness in cross examination confronted with statement recorded u/s 161 Cr.P.C. - There are substantial improvements from version recorded by police - Trial Court did not appreciate statement in light of earlier statement recorded by police - Trial Court also overlooked the discrepancy and..........

Showing : 51-60 of 421 Results