Showing : 391-400 of 546 Results

ORISSA HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 202-- Issue of process - Postponement of - Legality of - S.D.J.M. did not issue process against accused persons immediately after presentation of complaint petition and examination of complainant - On contrary, after recording initial statement of complainant on 26.02.2007, issue of processes was..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 313-- Statement of accused u/s 313 Cr.P.C. - Statement of the accused can only be taken into consideration in its entirety and not to pick out a part of the same, which may be incriminative - Thereafter it has to be examined whether the explanation, furnished by the accused, for his conduct, is..........
GUJARAT HIGH COURT
Year of decision: 2009
Details
Indian Penal Code, 1860, Section 376- - Gang rape - Common intention - Deemed to have committed gang rape - Held, it is not necessary that in case of a gang rape victim should have been raped by all accused persons - If she is raped by one or more in a group of persons, each of persons shall be "deemed to have committed gang rape",..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 436-- Bailable offence - Bail - Cancellation - A persona accused of a bailable offence is entitled to be released on bail pending his trial but he forfeits his right to be released on bail if his conduct subsequent to his release is found to be prejudicial to a fair trial - Forfeiture can be made..........
PATNA HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 223, 317-- Special Court - Separation of trial - Permissibility - Physical inability of accused to attend court - Notification issued by State Govt. directing conduct of trial against accused in jail - Co-accused sought separate trial - Held, notification is in terms of Sessions cases and not of an offence..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Indian Penal Code, 1860, Section 302, 147, 148, 149-- Conviction of eight accused by trial Court - Four acquitted by High Court - One accused filed appeal thereagainst - Testimony of eye witnesses was neither embellished nor embroidered - No reason as to why they will falsely depose against the appellant - Motive was there to commit murder of..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Eye witness-- No attempt made to save live of deceased from the clutches of accused - Held, their abnormal conduct by itself cannot be taken as a ground to disbelieve and discard their testimony in regard to the genesis of the occurrence and the part played by the appellant and the other convicted persons in..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Eye witness-- Conduct of witnesses - Wife and son - Not intervening - A lady and a boy of 15/16 years of age is not expected to intervene in the attack made by two accused persons being armed with sharp edged weapons in their hands...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Indian Penal Code, 1860, Section 376, 366A, 363-- Rape case - Prosecution allegation that prosecutrix when came out of house at night time to urinate, accused over powered her and took her to number of places and raped her - Prosecutrix 20 years of age at the time of incident as per births and deaths register which is authentic proof of age -..........
RAJASTHAN HIGH COURT
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 376-- Rape - Girl aged 6 years - Rape proved but prosecution failed to prove that it is accused who committed it - Prosecutrix had seen the accused for the first time on the day of occurrence only but prosecution failed to conduct identification parade - Delay of 18 hours in lodging FIR - Testimony of..........

Showing : 391-400 of 546 Results