Showing : 61-70 of 222 Results

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 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..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 154-- FIR - Police started investigation after getting information from DAR camp - During course of investigation formal complaint received from PW2 - Held, it can be treated as statement of PW2 recorded u/s.161 Cr.P.C.and contents thereof could be used not as FIR but for the purpose of contradicting..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 161-- Statement before police - Evidentiary value - Held, statements made to police during investigation not substantive piece of evidence - Statements recorded u/s.161 Cr.P.C. can be used only for the purpose of contradiction and not for corroboration...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 161-- Statement of witness in Court not finding place in his statement recorded u/s 161 Cr.P.C. - Held, if evidence tendered by witness in the witness box is creditworthy and reliable, that evidence cannot be rejected merely because a particular statement made by witness before Court does not find place..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 302, 53, Criminal Procedure Code, 1973, Section 354, Constitution of India, 1950, Article 21, 72, 161-- Death sentence - Delay in execution - Held, exorbitant delay in disposal of mercy petition renders process of execution of death sentence arbitrary, whimsical and capricious and, therefore, inexecutable - Such imprisonment, occasioned by inordinate delay in disposal of mercy petitions is beyond..........

Showing : 61-70 of 222 Results