Showing : 11-20 of 184 Results

RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 8-- Motive - It is not sine qua non for prosecution that motive must be proved - If facts establishing charge are clear and duly proved on basis of evidence on record then, it is absolutely immaterial that motive is not established...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 29, Evidence Act, 1872, Section 27-- Theft of opium - Information given by co-accused - Case of prosecution is that co-accused was having licence to produce opium and as he could not produce requisite quantity of opium he filed a false case of theft of opium and opium which was recovered was also not having requisite percentage of..........
DELHI HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 392, 397, 34-- Bail - Offence u/ss 392, 397, 34 of IPC - Petitioner arrested only on basis of statement of co-accused - Petitioner incarcerated since 30.8.2017 - Investigation is over and charge sheet has been filed - No purpose would be served in keeping petitioner incarcerated at this stage - Petitioner..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 302-- Murder - Order framing charge - Dead body of deceased recovered from well - No marks of injury were noticeable on body of deceased - No suspicion cast by any witness examined during inquest proceedings regarding death of deceased - No motive attributed to accused to commit crime - So called extra..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29-- Recovery of 14.750 kg charas - Identification of accused - Accused implicated in the offence wholly due to recovery of his bank passbook from the vehicle in question - Testimony of PW1 and PW8 taken together by itself is not adequately persuasive to unimpeachably establish the identity of driver..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 35, 54-- Presumption of culpability u/ss 35, 54 of the Act to explain possession satisfactorily - Presumption is rebuttable - It does not dispense with obligation of prosecution to prove the charge beyond all reasonable doubt - Presumptive provision with reverse burden of proof, does not sanction..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 420, 467, 468, 471, 201, Prevention of Corruption Act, 1988, Section 13(2)-- Framing of charge - Cheating and forgery - Allegation that accused should have retired a year back but still serving and there is difference in his date of birth as far as service book and certificate concerned - Entry in service book made on basis of matric certificate - No over-writing/cutting..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 467, 468, 471, 120B-- Bail - Offence u/ss 467, 468, 471, 120-B IPC - Accused discharged u/s 420 IPC at the time of framing of charge - He is in custody for more than 1 year - Bail application of accused rejected by High Court on the basis of FSL report - Though Case is pending for a long time but trial not yet..........
ORISSA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 195(1)(a), Indian Penal Code, 1860, Section 183, 186-- Cognizance of offence - Offence u/ss 183, 186 IPC - Charge sheet was filed by ASI for the offences u/ss 183, 186 IPC - Taking cognizance of offences u/ss 183, 186 IPC by Magistrate on the basis of charge sheet held, illegal in view of S.195(1)(a) Cr.P.C...........
ORISSA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 173(8), 190-- Further investigation - Cannot be directed by Magistrate at the instance of de facto complainant after taking cognizance of offence on the basis of charge sheet submitted by police...........

Showing : 11-20 of 184 Results