Showing : 131-140 of 208 Results

GAUHATI HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 161, 164-- Omission on vital point while recording statement u/s 161 or 164 Cr.P.C. - Such omission creates a doubt to the genuineness of the prosecution story...........
GAUHATI HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 161, 164-- Unexplained and unjustified delay in recording the statement of material witness always goes against the prosecution...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 161-- Witness - Examination during investigation - Delay - Not a ground to create doubt regarding the veracity of the prosecution's case - Unless the investigating officer is categorically asked as to why there was delay in examination of the witnesses the defence cannot gain any advantage therefrom -..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 161-- Witness - Examination during investigation - Delay - Independent witnesses coming forward after seeing accused's photographs in the media - No error in recording their statements...........
GUJARAT HIGH COURT
Year of decision: 2009
Details
Evidence Act, 1872, Section 27, Criminal Procedure Code, 1973, Section 161-- Discloser statement - Proof of - Held, there is no requirement either u/s 27 of the Evidence Act or u/s 161 Cr.P.C. to obtain signature of independent witnesses on record in which statement of an accused is written - Court has to consider evidence of investigating officer who deposed to the fact..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 433(c)-- Pardon power - Judicial review - Granting of pardon is in no sense an overturning of a judgment of conviction - An undue and unjustified exercise of pardon power is to be deplored - Judicial review of the order of President or Governor under Article 72 or Article 161, as the case may be, is..........
ORISSA HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 239-- Discharge of accused - After perusal of statements recorded u/s 161, Cr.P.C. and FIR, there seems to be sufficient grounds to frame charge against petitioner - Held, if there is presumption of involvement of accused with alleged crime, charge can be framed and accused can be tried - Application..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 154, 161-- Criminal trial - A fact deposed to by the witness not finding mention in the FIR and in the statement u/s 161 Cr.P.C. - Held it is an improvement and cannot be considered...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 173(2)-- Filing of charge-sheet - Non-filing of documents required to be filed u/s 173(5) - Effect thereof - Held, once a charge sheet is filed for a cognizable offence by investigating officer contains all particulars mentioned in S.173(2) is a valid police report irrespective of fact that it does not..........
ORISSA HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 190-- Cognizance - At the stage of taking cognizance Magistrate must apply his judicial mind to the FIR and the investigating report as well as the 161 statement to find out as to whether any case is made out against the accused and if so, under which provision of the Indian Penal Code - Non application..........

Showing : 131-140 of 208 Results