Showing : 61-70 of 422 Results

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..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Evidence Act, 1872, Section 154, Criminal Procedure Code, 1973, Section 161-- Hostile witness - PWs turned hostile, however, their alleged statements made to police u/s 161 Cr.P.C. were not confronted to them and marked as exhibits - Even I.O has not spoken in his evidence anything about the alleged statements of hostile witnesses recorded u/s 161 Cr.P.C. - No reliance..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 32A, 37, Constitution of India, 1950, Article 72, 161, 32-- Remission of sentence - When pardon or remission can be given u/Art.72 or 161 of Constitution by constitutional authority, Courts cannot exercise similar power u/Art.32 of Constitution of India...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 32A, Criminal Procedure Code, 1973, Section 433A-- Remission of sentence - Accused does not have right to seek remission under Cr.P.C. because of S.32A of NDPS Act - Accused can seek for remission or pardon either u/Art.71 or Art.161 of Constitution of India...........
CHHATTISGARH HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 161(2), Constitution of India, 1950, Article 20(3), 21-- Narco-analysis polygraph test (Lie-detector test) and BEAP (Brain Electrical Activation Profile) test - Without consent of accused and against his will - It is violative of `right against self-incrimination' guaranteed u/arts 20(3), 21 of Constitution and also violative of S.161(2) Cr.P.C. -..........
DELHI HIGH COURT
Year of decision: 2015
Details
Evidence Act, 1872, Section 32-- Dying declaration - Death by burning - 99% burn injuries - Dying declaration made to ASI but not signed by him - FIR not lodged on the basis of such dying declaration even when there were substantive allegations against accused - Statement of ASI recorded u/s 161 Cr.P.C. but he made no reference..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 161-- Statement of witness - Statements u/s 161 Cr.P.C. recorded during investigation is not substantive pieces of evidence but can be used primarily for the limited purpose i.e for: (i) contradicting such witness by an accused u/s 145 of Evidence Act; (ii) contradiction of such witness also by..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 161-- Statement of witness - Neither PW1 nor investigating officer confronted with the statement and questioned about it - Statement of PW1 recorded u/s 161 Cr.P.C cannot be looked into for any purpose much less to discredit the testimony of PW1 and prosecution version...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 161-- Examination of witness - Delayed examination - No question put to investigating officer on delayed examination - Contention of delay in recording statement u/s 161 Cr.P.C., therefore not tenable - As mere delay in examining a witness does not make his evidence unreliable...........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Evidence Act, 1872, Section 32-- Dying declaration - Cause of death burn injuries - Statement recorded u/s 161 Cr.P.C. in presence of Doctor is admissible u/s 32 of Act and same can be used as dying declaration...........

Showing : 61-70 of 422 Results