Showing : 91-100 of 276 Results

SUPREME COURT OF INDIA
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 302, Indian Penal Code, 1860, Section 302, Circumstantial evidence, Criminal Procedure Code, 1973, Section 313-- Scope and ambit of - Held, it is a settled principle of law that prosecution has to satisfy certain conditions before a conviction based on circumstantial evidence can be sustained - Circumstances from which conclusion of guilt is to be drawn should be fully established and should also be..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 313, Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2), 20-- Statement u/s 313 Cr.P.C. - Illegal gratification - Mere failure to offer the spot explanation will not render invalid the explanation given under S.313 Cr.P.C...........
DELHI HIGH COURT
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 279, 304A, Criminal Procedure Code, 1973, Section 313-- Examination of accused - Petitioner has been examined in his statement recorded u/s 313 CrPC - In one sentence it is recorded that all incriminating evidence has been put to accused and thereafter his denial has been recorded - From perusal of statement of accused it is not evident whether entire..........
DELHI HIGH COURT
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 279, 337, 304A, Criminal Procedure Code, 1973, Section 313, Motor Vehicles Act, 1988, Section 133-- Rash and negligent driving - Identification of accused - Prosecution story that a truck came in a very rash and negligent manner - Hit against a scooter - Caused simple injuries to driver of scooter - Resulted in death of pillion riders - Eye-witness admitted that he identified accused in police..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 313-- Statement of accused u/s 313 Cr.P.C. - Accused can be convicted on the basis of confessional statement or admission made in his statement u/s 313 Cr.P.C. - It can even form the sole basis for conviction...........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), Criminal Procedure Code, 1973, Section 313-- Contraband - Statement of accused u/s 313 Cr.P.C. - Questions not put to accused with regard to receipt of secret information and report of FSL - Incriminating circumstances appearing in statement of PW's not put to accused - Question not put with regard to investigation conducted by first I.O. -..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 313, Criminal Procedure Code, 1973, Section 313, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20-- S.42 of the Act does not create any distinction between information received from an accused or from an informer - It nowhere provides that information given by accused for possessing and carrying narcotic be not taken down in writing - Non observance of the said requirement creates a doubt on the..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 313, Criminal Procedure Code, 1973, Section 313, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20-- S.42 of the Act is mandatory in character and hence it's non observance is fatal to the prosecution case and makes it suspect...........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 313, Criminal Procedure Code, 1973, Section 313, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20-- Non compliance of the provision of S.50 of the Act - Personal search of accused conducted - On search a bag was found carried in right hand - It is not the case of prosecution that only bag carried by accused was searched - Fact that there was personal search of accused is evident from the fact..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 313, Criminal Procedure Code, 1973, Section 313, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20-- S.57 of the Act is directory and non compliance of the same by itself is insufficient to set aside the conviction but at the same time it's non compliance and non observance diminishes credibility of testimonies of prosecution witnesses when scanned with other surrounding circumstances may make..........

Showing : 91-100 of 276 Results