Showing : 1-10 of 217 Results

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-- 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...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 319-- Summoning of additional accused - Matrimonial dispute - Husband levelled allegations against wife and his family members - Though in FIR, complainant mentioned 15 women and 35 men came by vehicles but names of 11 persons alone were disclosed in FIR - In the FIR or in statement recorded u/s 161..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 319-- Summoning of additional accused - Name of respondents appearing in FIR which was lodged immediately after the incident - Overt act is assigned to respondents in statement recorded by police u/s 161 Cr.P.C - Allegation of causing injury to deceased is also assigned to respondents - Their evidence..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 161-- Statement of witness - Provision of S.161 Cr.P.C shows that witness can make a disclosure at earliest so that Court does not finally view the matter with any suspicion...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 161, Indian Penal Code, 1860, Section 304B-- Statement of brother of deceased/PW6 - Dowry death - PW6 gave his statement first time before Court - There was thus, no previous statement on record for corroboration to his version - No explanation was given as to why PW6 did not get his statement recorded u/s 161 Cr.P.C - Evidence of PW6 for..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 156, Indian Penal Code, 1860, Section 342, 376, 506-- Defective investigation - Final report in favour of accused - Offence u/ss 342, 376, 506 IPC - Serious allegations and imputations against accused were made by victim in her statement recorded u/s 164 Cr.P.C - Slight variation in statement of victim and/or S.161 or S.164 Cr.P.C cannot be stifled..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 319, 70-- Summoning of additional accused - Issuance of arrest warrant - Prosecutrix in her statement u/ss 161, 164 Cr.P.C as well as in Court statement named accused and active role assigned to him - Order taking cognizance on application u/s 319 Cr.P.C is perfectly justified - However, arrest warrant..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Evidence Act, 1872, Section 24, Criminal Procedure Code, 1973, Section 161-- Extra-judicial confession - Recorded by PW8 after 40 days of incident - PW8 not a relative of deceased nor relative of accused - Extra-judicial confession of accused is recorded as if it is a statement recorded u/s 161 Cr.P.C. - Extra judicial confession in all probability might have been made by..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 154, 161-- FIR - FIR was lodged on the basis of report lodged by PW16 with SHO - Any subsequent report submitted by PW16 could be at best treated to be a statement u/s 161 Cr.P.C and could not be admitted in evidence by marking exhibit thereupon...........

Showing : 1-10 of 217 Results