Showing : 1-10 of 231 Results

ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Evidence Act, 1872, Section 32, Criminal Procedure Code, 1973, Section 161-- Statement of Victim/deceased recorded by police u/s 161 Cr.P.C, immediately before her death can be considered as dying declaration...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 376(2), Protection of Children from Sexual Offences Act, 2012, Section 5, 6-- Summoning of additional accused - Sexual assault of 6 years old minor girl - Father of child filed an application to summon person who wears spectacles, as identified by victim - Allegation in first version are only against one person - However, second statement recorded u/s 161 Cr..C after three..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Evidence Act, 1872, Section 32, Criminal Procedure Code, 1973, Section 161-- Statement u/s 161 Cr.P.C. as dying declaration - In a statement u/s 161 Cr.P.C. signature of witness are not to be affixed as it will make such a statement inadmissible u/s 161 Cr.P.C. - In the instant case condition of injured was serious and his blood pressure was not recordable - Without..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 161, 164, Evidence Act, 1872, Section 32-- Statement of prosecutrix (now dead) u/ss 161, 164 Cr.P.C - Statement itself is not admissible in evidence because statements u/ss 161, 164 Cr.P.C do not cover purview of S.32 Clause 1, 3 to 8 of Evidence Act - So far as S.32(2) of Evidence Act is concerned, statements are not available on record..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 161-- Delay in recording statement of eye witness - Murder case - Mere delay in recording statement of eye witness by I.O cannot ipso facto raise suspicion in the mind of Court about veracity of prosecution case, more particularly about veracity of eye witness...........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 302, 120B-- Quashing of proceedings - Murder case - Plea of alibi cannot be examined by Court in exercise of its inherent powers u/s 482 Cr.P.C, whether it is the stage of taking cognizance or framing of charge - Moreover, statement recorded u/s 161 Cr.P.C is not a substantive piece of evidence - Therefore,..........
KERALA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 354, 355A-- Anticipatory bail - Offence u/ss 354, 355-A IPC - De facto complainant forwarded her letter by post to police authorities which in turn treated as First Information Statement - Till date complainant not even bothered to report before I.O to give her statement u/s 161 Cr.P.C - I.O thus, disabled..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4-- Bail - Kidnapping and rape - Prosecutrix resiled from her statements earlier given to police and Magistrate u/ss 161, 164 Cr.P.C - She has nowhere supported prosecution case - Though guilt, if any, of petitioner is yet to be determined in totality of evidence collected on record by prosecution,..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 161-- Delay in recording of statement of witnesses - Investigation was not carried out properly by local police - State government handed over case to CID - No effective progress could be made by State CID also, hence investigation was entrusted to CBI - It is thereafter statements of several witnesses..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 161-- Examination of witnesses by police - A person who stands in the shoes of accused being named in FIR can be examined by Police Officer u/s 161 Cr.P.C...........

Showing : 1-10 of 231 Results