Showing : 1-10 of 189 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 302, 120B, 201, 297, Evidence Act, 1872, Section 3-- Murder - Circumstantial evidence - As per prosecution, father of deceased hatched conspiracy alongwith accused to kill her, but no challan was put up against him - Even, theory of conspiracy not proved against accused - There is no corroborative material produced on record by prosecution except..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 302, 148, 34, Evidence Act, 1872, Section 3-- Murder - Appeal against acquittal by trial Court - Conviction by High Court - Appreciation of evidence - As per evidence on record, identification of accused not proved on record - Even, there is delay in lodging of FIR which provided opportunity to informant and other PWs to implicate their..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(d)(4), Criminal Procedure Code, 1973, Section 167(2)-- Contraband - Default bail - Challan not presented within period of 180 days - Application to extend period to file challan filed before expiry of requisite period of 180 days - Accused cannot be denied default bail merely on the ground that report of chemical examiner/FSL is awaited and some other..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 173(8)-- Supplementary challan - Without prior permission of Court - No objection taken when report was submitted - Once trial Court accepted report and two of PWs were examined in pursuance to supplementary challan and prosecution closed its evidence, objection regarding prior permission of Court not..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 173(8)-- Supplementary challan - Investigating agency itself submitted report u/s 173(8) Cr.P.C, which is neither on an application filed by complainant before trial Court nor in exercise of suo moto power of trial Court, therefore, investigating agency has authority to do so - Supplementary charge sheet..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 173(8)-- Supplementary challan - Further investigation conducted by police was limited to extent bringing entire evidence on record which was omitted by previous I.O and finding a lapse on his part, which is necessary for trial Court to come to a just and proper decision in case - No infirmity thus, in..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 376, Protection of Children from Sexual Offences Act, 2012, Section 4-- Bail - Kidnapping and rape - Prosecutrix specifically stated that she joined the company of accused with her own volition, without any pressure from the side of accused - Thereafter, she remained in the company of accused throughout the night - Record also reveals that in past prosecutrix was..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 167(2)-- Default bail - Period of 60 days expired and admittedly no challan/final report presented - Petitioner becomes entitled to default bail as per provision of S.167(2) of the Act - Bail granted...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), 25, 32, Haryana De-addiction Centre Rules, 2010, Rule 6-- Drug De addiction Centre - Running without licence - Stocking of eight types of drugs containing Buprenorphine - Running Drug De addiction Centre without having any license is violative of provisions of NDPS Rules - However, there is no provision whatsoever either under NDPS Act or D & C Act,..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 384, 506, 120B, Evidence Act, 1872, Section 26, 27-- Confession of co-accused - Evidentiary value - Confessional statement of co-accused cannot by itself be taken as a substantive piece of evidence against another accused and thus, cannot be made basis for conviction of accused without corroboration - Such statement can at best be used or utilized..........

Showing : 1-10 of 189 Results