Showing : 1-10 of 5932 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 386(b)(iii), 401-- Appeal against conviction - Enhancement of sentence - High Court has power to enhance sentence but said course is permissible only after giving notice of enhancement to accused - Order enhancing sentence of accused from 7 years to 10 years under POCSO Act without giving notice is not in accordance..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Protection of Children from Sexual Offences Act, 2012, Section 9, 10, Indian Penal Code, 1860, Section 341-- Attempt to sexual assault by father upon his 7 years old daughter - Reduction of sentence - Victim herself appeared as PW1 and her evidence has proved, which was corroborated by evidence of PW6 and PW7 - Medical evidence also fully corroborated charge on accused - Accused held, guilty of offence,..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 302, Constitution of India, 1950, Article 32-- Death sentence - Issuance of warrant for execution of death sentence before expiry of period for filing of special leave petition/an appeal against order of conviction - Issuance of warrant for execution of death sentence is contrary to law - Issuance of warrant for execution of death sentence set..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 376, 90, Evidence Act, 1872, Section 3-- Rape - Consent - False promise to marry - Intention from beginning not to marry - Marriage of accused was fixed long back and despite the same accused gave promise/false promise and alluded prosecutrix to give her consent for physical relationship - Courts below rightly held that consent given by..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 3-- Rape - Appeal against conviction - Appreciation of evidence - Prosecution failed to prove case against accused beyond reasonable doubt due to following reasons : (i) prosecutrix not examined by doctor after alleged incident; (ii) in absence of any medical examination done, prosecution not examined..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 319-- Summoning of additional accused - Test to be applied is one which is more than a prima facie case as examined at the time of framing charge but not of satisfaction to the extent that evidence if goes uncontroverted, would lead to conviction of accused...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 319-- Summoning of additional accused - Statement of PW1 assigning specific roles to proposed accused - At the stage of consideration of application u/s 319 Cr.P.C, trial Court was to look at something more than a prima facie case but could not have gone to extent of enquiring as to whether matter would..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 302, 341, 34-- Murder - Common intention - A2 and A3 are brothers of A-1 - Though A-2 and A-3 are present on the spot but they were not armed - No evidence brought on record that there was prior meeting of minds between accused and A-2 and A-3 were having knowledge that their brother A-1 was armed with katta -..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3-- Murder - Partial statement of prosecution witness doubtful - Appreciation of evidence - Statement of eye-witness proved on record - Recovery of weapon and motor cycle proved - Even, statement of PWs 6 & 7 (doctors) clearly states that injury on head attributed is sufficient to cause death - Thus,..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 31-- Conviction u/ss 279 & 304-A IPC - Not mentioned in order as to whether sentences will run concurrently or consecutively - In was necessary for Magistrate to specify in the order by taking recourse to S.31 of the Code - Having regard to the facts and circumstances of the case and keeping in view..........

Showing : 1-10 of 5932 Results