Showing : 11-20 of 77 Results

SUPREME COURT OF INDIA
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 302, 376, Criminal Procedure Code, 1973, Section 156-- Defective Investigation - Offence u/ss 302, 376 IP - Accused may not be acquitted on minor lapses by police in conducting investigation - Moreover, it is almost impossible to come across a single case where investigation is completely flawless or absolutely foolproof...........
CALCUTTA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 374, 376, Indian Penal Code, 1860, Section 64-- Appeal - Maintainability - Order of compensation - Compensation which is treated as a fine in terms of S.64 IPC and a direction for imprisonment in default of payment of such compensation is appealable u/s 374 r/w S.376 Cr.P.C., as it was a `sentence of fine' for the purposes of such appellate..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376, 354, 506-- Compromise - Quashing of FIR - Offence u/ss 376, 354, 506 IPC - Prosecutrix stated that she has given consent for quashing charge-sheet as now she is married and she does not want to disclose said fact to her husband - Said ground is no ground to quash proceedings for such serious offence -..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 313, Indian Penal Code, 1860, Section 376-- Examination of accused - Offence u/s 376 IPC - Chemical examination report and Serological Report not put to accused in his statement - Therefore, said incriminating material evidence cannot be used against accused...........
MADRAS HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 222, Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4-- Non-framing of charge u/s 376 IPC - Rape as defined u/s 375 IPC and penetrative sexual assault by penis into vagina u/s 4 of the POCSO Act have got all common ingredients - Conviction of accused u/s 4 of POCSO Act therefore liable to be set aside and accused is liable to be convicted for an..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 376-- Summoning of additional accused - Rape case - Prosecutrix on first possible opportunity disclosed only name of accused and she did not say anything about presence of any other person - Subsequently, prosecutrix named two additional accused - Names of additional accused were kept in Column 2 -..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 167(2), Indian Penal Code, 1860, Section 376, 506, 120B-- Default bail - Offence u/ss 376, 506, 120-B IPC - Maximum sentence that can be awarded u/s 376 IPC is life imprisonment - Challan can be filed within 90 days - However, Magistrate wrongly allowed bail after 60 days, as Court has to see maximum awarded punishment not the minimum awarded punishment..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 173(8)-- Further investigation - Transfer of investigation to CBI - Offence u/ss 363, 365, 376(2)G, 506, 201, 120-B IPC - Defective investigation conducted by ASI of Police - Concerned ASI reverted to the post of Head Constable - Certain witnesses have not been examined by investigating agency without any..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 173-- Negative final report by police - FIR u/ss 366-A, 376-G, 342 IPC - Special judge accepted negative final report without serving notices on complainant and without providing her any opportunity of hearing - Impugned order of Special Judge cannot be sustained as being totally against settled..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 432, 433-- Pre-mature release - Life imprisonment u/ss, 302, 376 IPC - Permissibility - Accused completed 27 years 9 months and 29 days of his sentence - However, factum of accused having committed other penal misdemeanors both inside and outside jail rendered his conduct to be not warranting any benefit of..........

Showing : 11-20 of 77 Results