Showing : 21-30 of 131 Results

RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 376(2)(g), Criminal Procedure Code, 1973, Section 313-- Rape - Examination of accused - Accused convicted on the basis of Report of Serology Division of FSL - Said circumstance not put to accused in his examination u/s 313 Cr.P.C., which vitiated judgment of trial Court - Merely supplying copy thereof to defence counsel is not sufficient - Order of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 307, Evidence Act, 1872, Section 3, 138, Criminal Procedure Code, 1973, Section 313-- Attempt to murder - Injury dangerous to life - Medical opinion - Doctor stated injury dangerous to life but in his examination-in-chief stated nothing as to on what basis he has declared injury as dangerous to life - Accused, thus, had no occasion to cross examine him on this point - It is not..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 302-- Murder - Prosecution proved its case through statements of eye witnesses - No contradiction in presence of witnesses on the place of incident and time of incident - Medical report supported ocular testimony of eye witnesses - Testimony of eye witnesses cannot be discarded merely because they are..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Medical Termination of Pregnancy Act, 1971, Section 3(4), Indian Penal Code, 1860, Section 313, 120B, Criminal Procedure Code, 1973, Section 482-- Quashing of FIR - Termination of pregnancy without consent of husband - Pregnancy of petitioner terminated in order to save her life, as her condition was deteriorating due to carrying a dead foetus - Medical evidence confirms that foetus had already died prior to operation - Petitioner was 27/28..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 302-- Murder - Circumstantial evidence - Recovery of articles - Prosecution has not proved any disclosure statement on the part of accused u/s 27 of Evidence Act - I.O who effected recovery not examined - Arrest memo of accused also not proved - No evidence on record as to how I.O learnt the articles..........
MEGHALAYA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 28(3), 407, Indian Penal Code, 1860, Section 313, 326-- Power of Session Court to pass sentence - As per S.28(3) Cr.P.C. Assistant Session Judge is not empowered to pass sentence of imprisonment for life or for imprisonment for term exceeding 10 years - However, in the instant case, petitioner is charge-sheeted for offence u/ss 313, 326 IPC which are..........
CHHATTISGARH HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 302, 404, 120B-- Murder - Circumstantial evidence - Administration of poison - PW12, who was running a Medical shop proved the fact that accused purchased sulfas from him - This witness is an independent witness and had no reason to give false evidence against accused - Moreover, nothing incriminating elicited by..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 302, 304B, 498A, Dowry Prohibition Act, 1961, Section 4, Criminal Procedure Code, 1973, Section 303, 304-- Murder of wife by husband - Accused convicted without legal assistance - Legal assistance is not mere empty formality - It is mandatory for State and Trial Court to provide legal assistance to accused - Learned Judge failed to perform his legal duty mandated u/s 304 Cr.P.C. - Even statement of..........
DELHI HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 363, 366, 376-- Kidnapping and rape of three years old girl - Plea of alibi - Plea of alibi not taken by accused in his statement u/s 313 Cr.P.C. - Moreover, accused was on leave from his work on the date of incident, thus plea of alibi that he was on his work place at the relevant date, negated - Convincing..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 27-- Murder - Circumstantial evidence - Recovery of weapon of offence and clothes of accused - Recovery effected pursuant to information furnished by accused u/s 27 of Evidence Act - Human blood was detected on the articles recovered - No explanation offered by accused u/s 313 Cr.P.C. as to how blood..........

Showing : 21-30 of 131 Results