Showing : 81-90 of 421 Results

RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Evidence Act, 1872, Section 9-- Test Identification parade - Magistrate who held TIP not examined - In the absence of same, it cannot be ascertained that whether needful was done or not, whether persons mixed up were of same age, height, built up and colour - Accused ought to get fair chance to demolish this piece of evidence by..........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 302, 392-- Murder - Robbery - Circumstantial evidence - Last seen evidence - PWs 5 & 6 witnesses of last seen were duly confronted with their previous statements made to police u/s 161 Cr.P.C. - They are not reliable witnesses as they have improved the version of prosecution in Court - Once the disclosure..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Evidence Act, 1872, Section 3, Criminal Procedure Code, 1973, Section 161-- Statement of PW-14 recorded after two years and eight months of occurrence - Explanation given that he was threatened by co-accused - After his statement was recorded, accused was arrested after six years and nothing happened to him during the said period - Plea of being threatened for such a long..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 376(2)(g), Criminal Procedure Code, 1973, Section 439-- Gang rape of 15 years old girl - Bail - Appellant was not named in the FIR and even prosecutrix has not disclosed the name of appellant in her statement recorded u/s 161 & 164 Cr.P.C. - He was not put up for identification and DNA test of appellant not done - Appellant was not with co-accused..........
KERALA HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 161-- Statement u/s 161 can be used for limited purpose of impeaching the credibility of a witness - It cannot by itself be treated as substantive evidence in a criminal trial...........
KERALA HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 319-- Summoning of additional accused - Evidence u/s 319(1) Cr.P.C. means statement of witnesses recorded by Court alone which does not include statement recorded by Police officer u/s 161 Cr.P.C...........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 161, 162- - Defence or Court witness - Contradiction with previous statement - No right vests in Public Prosecutor or Counsel appearing for complainant to contradict defence or Court witness with his previous statement made by such witnesses to police...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Trial-- Recovery of letters - From dead bodies of fidayeens - Officer who recovered letter from pocket of deceased was not examined to prove recovery neither u/s 161 Cr.P.C. nor before the Court - Recovery held, fatal to prosecution case...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 432, Constitution of India, 1950, Article 161, 72, Indian Penal Code, 1860, Section 45, 53, 302-- Remission of sentence - Whether imprisonment for life in terms of S.53 r/w S.45 IPC meant imprisonment for rest of life of prisoner or a convict undergoing life imprisonment has a right to claim remission and whether as per principles enunciated in paras 91 to 93 of Swamy Shraddananda vs. State of..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 432, 433, Constitution of India, 1950, Article 161, 72, Indian Penal Code, 1860, Section 302-- Remission of sentence - Whether `appropriate Government' is permitted to exercise power of remission u/s.432/433 Cr.P.C. after parallel power has been exercised by President u/Art. 72 or Governor u/Art.161 or by Supreme Court in its Constitutional power u/Art.32? - Held, question referred to..........

Showing : 81-90 of 421 Results