Showing : 31-40 of 6065 Results

ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Criminal trial-- Mother of deceased - Her statement cannot be discarded merely on the ground that he is mother of deceased and an interested witness - Relationship is not a factor to affect credibility of a witness - Evidence of such witness must be scrutinized carefully and if on such scrutiny his evidence is..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 235(2)-- Hearing on sentence - Hearing on the same day of pronouncement of judgment - As long as spirit and purpose of S.235(2) Cr.P.C. is met, inasmuch as the accused is afforded a real and effective opportunity to plead his case with respect to sentencing, whether simply by way of oral submissions or by..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 376, 302-- Rape and murder - Death penalty - Mitigating factor - Post conviction severe mental illness is a mitigating factor that appellate Court in appropriate cases, needs to consider while sentencing an accused to death penalty...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 53-- Punishment - Award of sentence - Mitigating factor - Post conviction severe mental illness - Directions issued that: (i) assessment of such disability should be conducted by a multidisciplinary team of qualified professional (Experienced medical practitioners, criminologists etc.), including..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 363, 376, 302, 201, 84-- Kidnapping, rape and murder of two minor girls - Death sentence - Mitigating factor - Post conviction severe mental illness - Accused after committing rape and murder of victims threw body of victim No.2 into well and concealed body of victim No.1 - He has been reeling under bouts of some form of..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 302, 304(Part I)-- Nature of offence - Merely because altercation might have taken place much earlier and not immediately prior to and/or at the time of commission of offence, it cannot be inferred that there was no intention on part of accused to cause death of deceased - Conversion of conviction by High Court from..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 376, 90, Evidence Act, 1872, Section 3-- Rape - Consent - False promise to marry - Intention from beginning not to marry - Marriage of accused was fixed long back and despite the same accused gave promise/false promise and alluded prosecutrix to give her consent for physical relationship - Courts below rightly held that consent given by..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 148-- Dishonour of cheque - Appeal against conviction - Power of appellate Court to order payment pending appeal - Order to deposit 20% of amount of fine or compensation as awarded by trial Court - If appellate Court passes order of deposit of 20% or more amount of fine or compensation that in fact is a..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 148, Criminal Procedure Code, 1973, Section 421-- Dishonour of cheque - Appeal against conviction - Power of appellate Court to order payment pending appeal - Order of deposit of 20% of amount of fine or compensation as awarded by trial Court - If lower Appellate Court has passed order of deposit of 20% of amount, then although S.148 of the Act..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 148-- Dishonour of cheque - Appeal against conviction - Power of appellate Court to order payment pending appeal - Appellate Court is authorized to order deposit of 20% of fine and compensation as awarded by trial Court - If there is no order of fine or compensation then there cannot be any order of..........

Showing : 31-40 of 6065 Results