Showing : 2461-2470 of 13719 Results

SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 164-- Statement given by eye-witness in the Court cannot be discarded merely on the ground that statement got recorded u/s 164 Cr.P.C. by prosecution was not immediately recorded...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302, 34-- Delayed FIR - Murder case - Offence committed at around 4-5 p.m - Registration of FIR at police station between 7.30 to 8.00 p.m. - No reason to draw adverse inference, particularly when after occurrence, deceased was taken to nearby nursing home where he was declared dead and body remained there..........
GAUHATI HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 125, 127-- Maintenance - Enhancement - Grant of maintenance of Rs.1750/- - Husband getting salary of Rs.30,000/- p.m. - Maintenance enhanced to Rs.5,000/- p.m. from date of application - Court should be alive to the object and spirit of provision u/s 125 Cr.P.C. and obviously the provision of S.127 Cr.P.C...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 157, Indian Penal Code, 1860, Section 302, 34-- Delay in sending FIR to Magistrate - Murder case - Where recording of FIR is proved on record, mere delay of 5 days in dispatch of FIR from the police station to Magistrate Court has no bearing on the basis of which any adverse inference can be drawn, particularly when no questions were put to I.O..........
CALCUTTA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376, 417-- Delayed FIR - Rape - Delay in lodging FIR explained by parents of prosecutrix, as FIR lodged when accused refused to marry prosecutrix and she was five months pregnant - Omission to mention in FIR that accused after initial incident frequently used to have physical relationship with prosecutrix in..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 366A, 420, 370A, 212, 34, 120B, Protection of Children from Sexual Offences Act, 2012, Section 6, 8, Immoral Traffic Act, 1956, Section 4, 5, 6-- Rape of minor girl - Bail - Prosecutrix already examined - Few other material witnesses were yet to be examined - As per record, threats were extended to prosecutrix as well as her family members - Held, High Court should not have granted bail to accused ignoring all the material and substantial..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 366A, 420, 370A, 212, 34, 120B, Protection of Children from Sexual Offences Act, 2012, Section 6, 8, Immoral Traffic Act, 1956, Section 4, 5, 6-- Rape of minor girl - Bail - Granted by High Court - Plea against grant of bail - Supreme Court would normally not interfere with such a discretion, unless it is found that the discretion itself is exercised on extraneous considerations and/or the relevant factors which need to be taken into..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 366A, 420, 370A, 212, 34, 120B, Protection of Children from Sexual Offences Act, 2012, Section 6, 8, Immoral Traffic Act, 1956, Section 4, 5, 6-- Rape of minor girl - Bail - Granted by High Court - Plea against grant of bail - When bail is granted against principles of law, while undertaking the judicial review of such an order, it needs to be examined as to whether there was arbitrary or wrong exercise of jurisdiction by the Court granting..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 340-- Proceeding u/s 340 Cr.P.C. - Where Court forms an opinion that an offence refereed to S.340 Cr.P.C. has been committed, Court may dispense with the preliminary inquiry - Even after forming an opinion as to offence which appears to have been committed also, it is not mandatory that a complaint..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 452, Indian Penal Code, 1860, Section 302, 201-- Release of case property - Offence u/s 302, 201 IPC - Release of property cannot be declined merely on the ground of pendency of appeal against conviction, particularly when no other person except accused has ever claimed the case property - Case property ordered to be released in favour of..........

Showing : 2461-2470 of 13719 Results