Showing : 1-10 of 287 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Criminal Procedure Code, 1973, Section 313-- Contraband - Statement of accused u/s 313 Cr.P.C. - Specific question regarding conscious possession not put to accused - Unless a specific question is raised, presumption u/s 35 or S.54 of the Act cannot be used against accused - Prosecution failed to prove that accused were having conscious..........
KARNATAKA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 313-- Statement of accused u/s 313 Cr.P.C - When defence of accused is proved by virtue of admissions elicited in evidence of PWs, accused need not have to mention in his statement u/s 313 Cr.P.C...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 313-- Statement of accused u/s 313 Cr.P.C. - Defence taken not irrelevant, illogical or fanciful - Complete non consideration thereof - In the given facts of a case, conviction may well stand vitiated...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 376(2)(f), Criminal Procedure Code, 1973, Section 313-- Rape of 9 years old minor girl - Examination of accused - Serological report not put to accused u/s 313 Cr.P.C, and plea raised by accused that he is prejudiced in his defence - Contention first time raised before Supreme Court - Even otherwise, serological report being available, it was a failure..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 313-- Statement of accused u/s 313 Cr.P.C - Offence under NDPS Act - Specific question not put to all three accused that they were found in conscious possession of contraband which was lying in an open area as per version in FIR - Accused denied their right to prove innocence in this regard...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 313-- Statement of accused - Recovery of 52 kg poppy husk - Co-accused was already acquitted and in statement recorded u/s 313 Cr.P.C, though it was put to both the accused that they were found in joint possession of poppy husk - But, no specific question was put to any of accused that they were in..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 313-- Recovery of 52 kg poppy husk - Search and seizure - Non-deposit of sample in judicial malkhana - Sample was never deposited in judicial malkhana and remained in possession of I.O itself for a period of 2 days before it was sent to FSL - In absence of seal of Magistrate, sample parcel bearing seal..........
CALCUTTA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 313-- Examination of accused - Statements of an accused u/s 313 Cr.P.C cannot be used as evidence in holding him guilty of offence but answers given by accused to questions put to him during examination u/s 313 Cr.P.C can well be taken into consideration in deciding whether prosecution evidence can be..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18, 29, 37-- Bail - Offence u/ss 8, 18, 29 NDPS - Accused seeking bail to enable himself to lead evidence - However, examination of accused u/s 313 Cr.P.C. is complete and evidence from defence side started - Disclosure statement attributed to accused is not per se inadmissible - Moreover, it is not a case of..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 313, Indian Penal Code, 1860, Section 302, 148, 149, Arms Act, 1959, Section 25-- Statement of accused u/s 313 Cr.P.C. - Murder case - Incriminating circumstance not put to accused in his statement u/s 313 Cr.P.C - Examination of accused u/s 313 Cr.P.C thus, rendered an empty formality - Only on this count, conviction and sentence of accused set aside, as it would not be proper..........

Showing : 1-10 of 287 Results