Showing : 1-10 of 426 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 354, 511, 376-- Offence u/ss 354, 511, 376 IPC - Accused forcibly entered the house of prosecutrix in a drunken state and using criminal force lifted her petticoat despite her repeated resistance - Statement of prosecutrix was corroborated by her daughter, who is an eye witness to incident, husband of prosecutrix..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20-- Recovery of 20 gms charas - Secret information - Non-joining of independent witnesses - Despite sufficient time and prior information, no serious effort was made to involve public witness in the process of search and recovery - Non-joining of independent witness in such situation makes whole..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c)-- Recovery of 1 kg 400 gms charas - Non-joining of independent witnesses - Existence of nearby residential locality - However, no efforts were made by patrolling party to join any independent witness in the proceedings - Prosecution thus, failed to prove guilt of accused beyond shadow of doubt...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- Recovery of 1 Qtl. 20 kg chura poppy heads - Accused acquitted as : (i) Presence of DSP at the spot highly doubtful as this witness is not examined in Court and except for the recovery memo, he has not signed any other document; (ii) Presence of independent witness at the spot also doubtful; (iii)..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 31-- Recovery of 10 kgs opium - Non-joining of independent witness - Accused apprehended as he stepped out of his house at 6.40 A.M. - It is difficult to believe that in a rural residential locality, police were unable to find a single independent witness - Even, no name of any person is mentioned who..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(2)-- Recovery of 2 kg charas - Two lady accused sitting in compartment of Train found in possession of charas - Accused searched at platform - They failed to show any license for the same - No infirmity in the evidence of PW2, independent witness - Non-mentioning of child of accused in recovery memo..........
CALCUTTA HIGH COURT
Year of decision: 2019
Details
Protection of Children from Sexual Offences Act, 2012, Section 6, Indian Penal Code, 1860, Section 342-- -Penetrative sexual assault - When version of victim and her mother with regard to penetrative sexual assault receives corroboration from medical evidence, no, examination of independent witness, if any does not affect credibility of prosecution case...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 279, 337-- Accident - Rash and negligent driving - No specific evidence led on record by prosecution to prove rash and negligent driving by accused - Merely bald statement if any of complainant which was otherwise not supported by PW2 is not sufficient to conclude rash and negligent driving if any by accused..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22-- Recovery of 1800 ml of intoxicant liquid containing codeine phosphate salt - Non-joining of independent witness does not make prosecution case doubtful - However, when there are number of discrepancies, it was incumbent upon I.O at least to make effort to join independent witness - Since, no..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 302, 34-- Murder - Circumstantial evidence - No eye-witness - Land dispute - Depositions of prosecution witnesses which stood rigour of cross-examination clearly support prosecution version and establishes enmity between accused and deceased - Said fact supported by PW1's last seen evidence, her prompt..........

Showing : 1-10 of 426 Results