Showing : 3151-3160 of 13983 Results

CALCUTTA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 2(wa), 372, Indian Penal Code, 1860, Section 468, 420, 471-- Appeal against acquittal - Right of victim - Offence u/ss 468, 420, 471 IPC - Allegation that petitioner was induced to issue a character certificate in favour of accused on the strength of forged certificate - Petitioner had suffered wrongful loss and injury by issuing an incorrect character..........
CALCUTTA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 372-- Proviso, 378 - Appeal against acquittal - Right of victim - Victim in police case may prefer an appeal before Court of Sessions against an order of acquittal passed by Magistrate in terms of S.378 Proviso Cr.P.C. and not before High Court - No such right of appeal is vested in victim u/s 378..........
CALCUTTA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 2(wa), 372-- Victim - Right to appeal - S.2(wa) Cr.P.C. takes within its beneficial fold all persons who suffer any loss or injury by reason of an act or omission which constitutes the crime - If a person is duly authorized on behalf of a victim, he is entitled to maintain an appeal on its behalf...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 378-- Appeal against acquittal - Where on appreciation of evidence on record, two views are possible, and trial Court has taken a view of acquittal, appellate Court should not interfere with the same - However, where view taken by trial Court is against weight of evidence on record or perverse, it is..........
DELHI HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 197-- Sanction for prosecution - Police personnel - Allegation that false case u/ss 324, 34 IPC has been filed by police personnel/respondents against nephew and brother of petitioner - However, allegations made by petitioner against respondents do not inspire confidence - Inquiry report of ACP..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Prevention of Corruption Act, 1988, Section 13, Criminal Procedure Code, 1973, Section 362-- Offence u/s 13 of Act - Trial Court deferred taking cognizance under the impression that sanction u/s 19 of Act is required - There was no decision much less conclusive decision taken by Court - It was only in the nature of reminding the duty of I.O to meet certain requirement for taking..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 197-- Sanction for prosecution - Offence u/s 304-A IPC - Medical negligence - Accused failed to provide official vehicle for shifting patient from primary Heath center to Hospital, whereas, he himself travelled in the vehicle for attending monthly meeting - It was an act or omission in discharge of..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 197-- Sanction for prosecution - Fake encounter or death caused by torture by police officers - Prima facie version of prosecution is found to be correct that since it is a case of fake encounter there is no requirement of sanction - However, it would be open to accused persons to adduce evidence in..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 307, 34, Criminal Procedure Code, 1973, Section 482-- Offence u/ss 307, 34 IPC - Compromise - Quashing of FIR - FIR discloses commission of cognizable offence - Case cannot be compromised and quashed, as case is against public policy and administration of criminal justice system - Considering the nature of allegation, it is necessary to investigate..........
ORISSA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376-- Rape - Delay in lodging FIR - Parents of prosecutrix were not present when incident took place - FIR lodged immediately after return of parents of prosecutrix - Delay sufficiently explained - Prosecution case cannot be doubted on account of delayed FIR...........

Showing : 3151-3160 of 13983 Results