Showing : 41-50 of 256 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, Criminal Procedure Code, 1973, Section 313-- Recovery of 3 kgs charas - Conscious possession - Appeal against conviction - In the instant case, contraband recovered from bag lying between seats of car in which all accused were sitting - Even, none of accused took defence in their statement u/s 313 Cr.P.C. that they were not having knowledge..........
TRIPURA HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 313-- Examination of accused - Offence u/ss 304-B & 498-A IPC - Sufficient explanation not given by accused in his examination u/s 313 Cr.P.C as he simply stated that he was not present in the house at the time of incident - But PW5 stated that accused was present in the house - Burden of proving the..........
DELHI HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 313-- Examination of accused - Mandate of law is that accused cannot be forced to make any statement which can be proved against him but under such circumstances plausible explanation from him would be relevant - Steadfast denial of every incriminating statement put to accused furthers the impression..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, Criminal Procedure Code, 1973, Section 313-- Recovery of charas - Examination of accused - Accused was found to be in conscious possession of 1 kg 800 gms of charas - He was very much aware of the fact that he has been charged for having been found in conscious possession of contraband - Mere omission of specific question about conscious..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 313-- Examination of accused - Two kinds of examination u/s 313 Cr.P.C. are : (i) u/s 313 (1)(a) Cr.P.C. relates to any stage of inquiry or trial; (ii) u/s 313(1)(b) Cr.P.C. takes place after the prosecution witnesses are examined and before accused is called upon to enter upon his defence - Former is..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 313-- Examination of accused - Mere failure on the part of trial Court to comply with the mandate of law cannot automatically enure to the benefit of accused - Any omission on part of Court to question the accused on any incriminating circumstance would not ipso facto vitiate the trial unless some..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 313, Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25(1B)-- Murder - Plea of non compliance of S.313 Cr.P.C. - Material evidence and Ballistic Expert opinion not put to accused in his statement u/s 313 Cr.P.C. - Objection regrading defective statement u/s 313 Cr.P.C not raised either before trial Court or High Court - Question raised for first time before..........
DELHI HIGH COURT
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 300, Criminal Procedure Code, 1973, Section 313- - Nature of offence - Plea of sudden quarrel - Statement of accused - Accused contended that there was sudden quarrel between deceased and accused - However, when all incriminating circumstances put to accused persons they completely denied all the facts - Complete denial rules out the possibility..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 313-- Statement of accused u/s 313 Cr.P.C. - Defective examination - Does not by itself vitiate the trial - Accused must establish prejudice caused to him - Onus is upon accused to prove that by reason of his not having been examined as required by S.313 Cr.P.C. he has been seriously prejudiced...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 302, 498A, 34, Criminal Procedure Code, 1973, Section 313-- Murder - Examination of accused - High Court committed error by setting aside Trial Court judgment of conviction and remanded the matter back for retrial decision afresh on the ground of defective examination of accused u/s 313 Cr.P.C - However, accused did not raise any question before Trial..........

Showing : 41-50 of 256 Results