Showing : 1-10 of 94 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 392, 395, 397-- Quashing of FIR - Offence u/ss 392, 395, 397 IPC - No proper investigation made by I.O much less concluded on the basis of FIR lodged by complainant and before it could be brought to its logical conclusion, FIR quashed in relation to cognizable offences which were of serious in nature than..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Evidence Act, 1872, Section 9, Indian Penal Code, 1860, Section 302, 395, 396, 397, 398, 307, 376(2)(g), 34-- Test Identification Parade (TIP) - Source of light at the spot - Murder of five persons, robbery and rape of one lady - PW1 and PW8 identified accused in TIP as well as before Court - Incident occurred at 10.30 p.m - There was light or not in hut not mentioned in Panchnama - Accused allegedly used..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 302, 395, 396, 397, 398, 307, 376(2)(g), 34-- Murder of five persons, robbery and rape of one lady - Testimony of PW8, who claims to be an eye witness is not reliable and trustworthy - Her testimony in Court is full of material omissions/contradictions/improvements - PW8 not stated true facts - Even, prosecution suppressed the material fact..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 173(8), Indian Penal Code, 1860, Section 302, 395, 396, 397, 398, 307, 376(2)(g), 34-- Further investigation - Murder of five persons, robbery and rape of one lady - Investigation of case is not fair - Prosecution suppressed the material fact from Court - PW8 immediately after incident identified four persons from album of photographs of notorious criminals - Benefit of lapse in..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 302, 395, 396, 397, 398, 307, 376(2)(g), 34-- Murder of five persons, robbery and rape of one lady - False implication - Compensation - All accused who were nomadic tribes are falsely implicated and roped in the case - Except one all of them are in jail since last 16 years - All of them facing sword of death penalty - Out of six accused one..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 302, 395, 396, 397, 398, 307, 376(2)(g), 34-- Murder of five persons, robbery and rape of one lady - Defective investigation - Direction issued to Chief Secretary, Home Department, State to enquire the matter and take departmental action against erring officers/officials, if those are still in service...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Evidence Act, 1872, Section 9, Indian Penal Code, 1860, Section 302, 395, 396, 397, 398, 307, 376(2)(g), 34-- Test Identification Parade (TIP) - Murder of five persons, robbery and rape of one lady - Dummies resembling accused has to be selected by Special Executive Magistrate who conducts TI parade - However, dummy persons were selected by police - No statement that dummies resembled accused - Neither..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 302, 395, 396, 397, 398, 307, 376(2)(g), 34-- Murder of five persons, robbery and rape of one lady - Identification of accused - Accused were Marathi speaking - However, PW8 stated that culprits had spoken with him in Hindi - Therefore, if accused were to speak with victims they would have spoken in Marathi and not in Hindi - There is thus,..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 302, 395, 396, 397, 398, 307, 376(2)(g), 34-- Murder of five persons, robbery and rape of one lady - Forensic evidence - No forensic evidence is on record which corroborates the prosecution case - DNA samples were collected during investigation and in fact sent for DNA analysis, but prosecution never presented report to Court - No public..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 302, 395, 396, 397, 398, 307, 376(2)(g), 34-- Murder of five persons, robbery and rape of one lady - Recovery of white metal silver chain - No stolen property found or recovered from any of accused except broken white metal chain, though prosecution alleged that many things were stolen - Recovery of white metal silver chain without any..........

Showing : 1-10 of 94 Results