Showing : 161-170 of 486 Results

PATNA HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 372-- Proviso (as inserted by Amendment Act 5 of 2009), Ss.377, 378 - Appeal against acquittal - Right to file - Held, if subject of crime is dead or incapacitated to extent or suffers from such a disability that he/she cannot take steps to exercise his/her right under proviso to S.372, any of his/her..........
PATNA HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 372-- Proviso (as inserted by Amendment Act 5 of 2009), Ss.377, 378 - Appeal against acquittal - Held, no distinction can be made between a case instituted by complainant/informant with police and by complainant before Court directly - An absolute right of victim (complainant or not) to file an appeal..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2013
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29, 61-- Recovery of charas - Conscious possession - Two accused persons occupying seats Nos.32 & 34 of bus and in between them on seat No.33 bag containing charas weighing 4kg. 847 gms was lying on upper side - Bag was not found in possession of either of accused - No evidence that bag was hidden by any..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 397, 401-- Revision against acquittal - Re-appreciation of evidence is not possible in a revision against acquittal unless and until there are some procedural irregularities or illegalities in the decision of case - Even if reading of evidence by trial court is free from flaw the same cannot be ground to..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 378-- Dowry death - Order of acquittal - Interference with - Held, interference against an order of acquittal should not be a matter of course - However, where trial Judge commits a jurisdictional error, appellate Court is entitled to interfere and correct error - In present case, trial Judge arrived at..........
KERALA HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 372-- Appeal against acquittal by victim - Delay of 725 days - Condonation - Since there is no procedure to inform victim after acquittal or conviction in the case, victim may get information as regards fate of case, after a long lapse of time - Long lapse of time may occur in filing appeal by victim in..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2)-- Illegal gratification - Complainant giving suggestions about the place where the search should be conducted - Possibility of complainant himself concealing the notes without knowledge of accused with the objective of getting the accused entrapped in the case is not ruled out in the case -..........
KARNATAKA HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 498A-- Deceased committed suicide in matrimonial home by setting herself on fire - Acquittal of mother-i, law and conviction of husband - No direct evidence that appellant meted out such cruelty of a degree which would have driven deceased to commit suicide - Even from the dying declaration it is evident..........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 256, 378-- Death of complainant - Appeal against acquittal - Impleadment of LRs of complainant - Held, no provision in the Code providing impleadment of person in place of appellant who has preferred an appeal either u/s 372 or 378(4) CrPC - Right to prosecute an appeal is provided only in favour of heirs of..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), 7, Criminal Procedure Code, 1973, Section 378, 386-- Corruption case - Appeal against acquittal - Held, in exceptional circumstances, appellate Court for compelling reasons should not hesitate to reverse judgment of acquittal passed by Court below, if findings so recorded by Court below are found to be perverse - While doing so, Court must bear in..........

Showing : 161-170 of 486 Results