Showing : 61-70 of 132 Results

RAJASTHAN HIGH COURT
Year of decision: 2009
Details
Indian Penal Code, 1860, Section 376-- Conviction on the sole testimony of prosecutrix - Contradictions - Allegation of rape against certain accused for the first time in Court - Not so stated in statement u/s 161 Cr.P.C. - When confronted merely stated that this was revealed to police but why it was not recorded she had no idea - IO..........
CHHATTISGARH HIGH COURT
Year of decision: 2009
Details
Indian Penal Code, 1860, Section 302, 34, 376(2)(g), 377, 201-- Rape and murder - Statement of two eye witnesses recorded after 9 days though these witnesses met the police and father of the deceased frequently and the police was throughout with them - Explanation for delayed recording of statement of two eye witnesses found not plausible - Accused acquitted -..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Evidence Act, 1872, Section 138, Indian Penal Code, 1860, Section 376-- Cross examination - Fact of threatening with dagger coming in cross examination - However, this aspect neither stated in statement u/s 161 Cr.P.C. nor in FIR - Held, this contradiction does not make evidence of prosecutrix unreliable...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Prevention of Corruption Act, 1947, Section 5(2), 5(1)(d), Indian Penal Code, 1860, Section 161-- Illegal gratification - Currency notes handed over to accused were not treated with phenolphthalein powder as a result thereof no test was conducted to prove the recovery of tainted notes from the pocket of the shirt of accused - Complainant and independent witness turned hostile - Conviction set..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Prevention of Corruption Act, 1947, Section 5(2), 5(1)(d), Indian Penal Code, 1860, Section 161-- Illegal gratification - Recovery of Rs.1, 00/- in a trap - Phenolphthalein test proved positive of hand and pocket of accused - Defence version that tainted currency notes were forcibly thrusted in his pocket - No doubt trap witnesses are interested witness but their testimony cannot be discarded..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Prevention of Corruption Act, 1988, Section 13(2), Indian Penal Code, 1860, Section 161, 109, 120B-- Delay of 27 years in filing charge sheet inspite of direction of High Court that investigation be completed within 3 months - No explanation for delay in investigation - Investigation conducted by an officer, who had no jurisdiction to do so - State not sure whether a sanction for prosecuting..........
ALLAHABAD HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 439(2)-- Cancellation of bail - While granting bail irrelevant and inadmissible evidence considered - Statement of victim u/s 161 Cr.P.C. in case u/s 307 IPC not considered - Defence of accused was that victim attempted to commit suicide and sustained those injuries by fire arm - Theory of prosecution..........
RAJASTHAN HIGH COURT
Year of decision: 2008
Details
Prevention of Corruption Act, 1947, Section 5(1)(d)(2), Indian Penal Code, 1860, Section 161-- Illegal gratification - Trap case - In a trap case demand of bribe is very material - Once the story of demand falls through, the authenticity of trap become highly doubtful because acceptance of bribe germinates through demand...........
RAJASTHAN HIGH COURT
Year of decision: 2008
Details
Prevention of Corruption Act, 1947, Section 5(1)(d)(2), Indian Penal Code, 1860, Section 161-- Illegal gratification - Patwari - Trap case - Recovery of marked currency notes of Rs.200/- - Plea that it was towards payment of land revenue - Held, mere receipt of amount by accused is not sufficient to fasten guilt in absence of any evidence of demand and acceptance of the amount as illegal..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 24-- Murder - Extra judicial confession - Theory of last seen - Brother of deceased who is the complainant made statement to the police that some unknown person committed murder - Accused arrested for committing an offence punishable u/s 302 IPC on the basis of extra judicial confession - Such..........

Showing : 61-70 of 132 Results