Showing : 1491-1500 of 13778 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 41, 157-- Arrest of accused during investigation - As per evidence on record, it does not show as to on what basis accused was arrested as neither he is named in FIR nor police having anything against him - Hence, his arrest without there being any evidence and without his being named in FIR will certainly..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of F.I.R. - Compromise between parties before Permanent Lok Adalat collapsed - Husband now offered Rs.2.50 lacs towards full and final settlement i.e. permanent alimony and maintenance which is not acceptable to wife - Petition dismissed...........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 376, 457, 511, Criminal Procedure Code, 1973, Section 378-- Rape - Appeal against acquittal - Leave to appeal - Trial Court appreciated evidence in just and proper manner while arriving at a finding that prosecution failed to bring home charges against accused - No interference warranted in it - Leave to appeal dismissed - Accused rightly acquitted...........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 311-- Recall of a witness - Witness cannot be recalled merely on the ground that he has not been declared hostile and has not been confronted with the statement recorded u/s 161 Cr.P.C...........
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..........
DELHI HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 227, 154-- Discharge - Rape case - Delay in lodging FIR or refusal to undergo internal medical examination cannot be made a ground for discharge by Court, particularly when in FIR and in statement of prosecutrix u/s 164 Cr.P.C., there are allegation of rape without her consent when she allegedly fell..........
DELHI HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 228-- Framing of charge - At the stage of charge, Court is required to peruse entire material placed by prosecution - For purpose of considering whether charge can be framed against accused, Court can sift material placed before it...........
DELHI HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 154, 227, Indian Penal Code, 1860, Section 376, 328, 323, 506-- Discharge - Rape - Prosecutrix in her statement u/s 164 Cr.P.C. specifically narrated about first incident which was without her consent - Promise to marry was stated to be made at a much later stage - Even otherwise, trial Court was only required to consider whether prima facie case for framing..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 70, Indian Penal Code, 1860, Section 376(2)(g), 366-- Arrest warrants - Rape case - Case was thoroughly investigated by police and a detailed negative final report was filed by police - Trial Court was not justified in issuing warrants of arrest against petitioners while taking cognizance against them - Order issuing warrant of arrest quashed and..........
PATNA HIGH COURT
Year of decision: 2017
Details
Protection of Women From Domestic Violence Act, 2005, Section 12, 28, 32, Criminal Procedure Code, 1973, Section 468-- Complaint under D.V. Act - Limitation - Can be filed only within a period of 1 year from date of incident in view of Ss.28, 32 of D.V. Act, as maximum punishment provided under D.V. Act is for a term which may extend to 1 year and Court is debarred from taking cognizance after 1 year...........

Showing : 1491-1500 of 13778 Results