Showing : 1-10 of 136 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 311, 284, 285-- Examination of witness - Doctor who conducted first post mortem living in Nigeria - Evidence of this witness germane to the questions involved in the matter - For recording his statement trial Court could have unquestionably taken recourse to the provisions of Ss.284, 285 Cr.P.C. so as to avoid..........
DELHI HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 161-- Delay in recording statement of witnesses - Does not necessarily discredit their testimony - Court may rely on such testimony if it is cogent and credible and delay is explained to the satisfaction of Court...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Evidence Act, 1872, Section 32(1), Criminal Procedure Code, 1973, Section 161-- Death of victim after three months of recording her statement u/s 161 Cr.P.C. - Such statement is relevant and admissible u/s 32 of Evidence Act...........
ORISSA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 197-- Sanction for prosecution - Offence u/s 354 IPC - Complainant alleged outraging her modesty by A-2 by embracing her and pulling her saree in backside of outpost on pretext of recording her statement - Such action cannot by any stretch of imagination be said to have been committed in course of..........
ORISSA HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 354, Criminal Procedure Code, 1973, Section 482-- Outraging modesty of woman - Quashing of order taking cognizance - Allegation that A-2 outraged modesty of complainant by embracing her and pulling her saree in backside of outpost on pretext of recording her statement - Though there is some discrepancies in the statements of witness, but whether..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 319-- Summoning of additional accused - Offence u/ss 304-B, 34 IPC - Court below summoned petitioners when examinatio, i, chief of complainant was mid way and was not complete - No witness from bank has come before Court who proved the account statement of complainant which proved the fact regarding..........
DELHI HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 313-- Dishonour of cheque - Acquittal - Appeal against - Plea that trial conducted in arbitrary manner as statement of accused not recorded u/s 313 Cr.P.C. - Prejudice if any, for non recording of statement u/s 313 Cr.P.C. is caused to accused and not to complainant - Contention rejected...........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 161-- Delay of 20 days in recording statement of PW4 - No explanation forthcoming justifying delay in recording statement - Delay of 20 days in recording statement of PW4 thus, assumes significance particularly since her version recorded u/s 161 Cr.P.C. is conspicuously absent in FIR - Evidence of PW4..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 319-- Summoning of additional accused - At the stage of arguments - Name of proposed accused not given in FIR - However, in view of statement of victim who received injuries on his eyes and silence of defence qua incriminatory role of proposed accused, he has to be arrayed as accused along with other..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 408, Essential Commodities Act, 1955, Section 3, 7-- Anticipatory bail - Custody of accused required for recording his confessional statement in terms of what co-accused already stated in the statement u/s 161 Cr.P.C. - Purpose of custodial interrogation is not just for the purpose of confession - Merely because accused did not confess, it cannot be..........

Showing : 1-10 of 136 Results