Showing : 71-80 of 13295 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 319-- Summoning of additional accused - Test to be applied is one which is more than a prima facie case as examined at the time of framing charge but not of satisfaction to the extent that evidence if goes uncontroverted, would lead to conviction of accused...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 392, 395, 397-- Quashing of FIR - Offence u/ss 392, 395, 397 IPC - No proper investigation made by I.O much less concluded on the basis of FIR lodged by complainant and before it could be brought to its logical conclusion, FIR quashed in relation to cognizable offences which were of serious in nature than..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 357A, Indian Penal Code, 1860, Section 326-- Compensation - Acid attack - 16% burn injury - Victim suffered an uncivilized and heartless crime committed by accused and there is no room for leniency which can be conceived - Accused rightly convicted u/s 326 IPC and sentence of 5 years at least needs no interference - However, it is..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 319-- Summoning of additional accused - Statement of PW1 assigning specific roles to proposed accused - At the stage of consideration of application u/s 319 Cr.P.C, trial Court was to look at something more than a prima facie case but could not have gone to extent of enquiring as to whether matter would..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 401-- Revision against conviction - High Court dismissed revision without assigning any reason - High Court failed to apply its judicial mind to factual and legal aspects arising in case - Order of High Court set aside - Matter remitted back to High Court...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 319-- Summoning of additional accused - Power u/s 319 Cr.P.C being a discretionary power and an extraordinary one is to be exercised sparingly and only when cogent evidence is available - Prima facie opinion which is to be formed for exercise of this power requires stronger evidence than mere..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 319-- Summoning of additional accused - Matrimonial dispute - Husband levelled allegations against wife and his family members - Though in FIR, complainant mentioned 15 women and 35 men came by vehicles but names of 11 persons alone were disclosed in FIR - In the FIR or in statement recorded u/s 161..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 319-- Summoning of additional accused - Additional accused can be summoned only if there is more than prima facie case as required at the time of framing of charge but which is less than satisfaction required at the time of conclusion of trial convicting accused...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 319-- Summoning of additional accused - Matrimonial dispute - Mere disclosing names of accused cannot be said to be strong and cogent evidence to make them face trial for offence u/s 319 Cr.P.C, especially when complainant is husband and has initiated criminal proceedings against family of his i, laws..........
ORISSA HIGH COURT
Year of decision: 2019
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), Criminal Procedure Code, 1973, Section 482-- Offence u/s 3(1)(x) of SCST Act - Quashing of FIR - Use of word `Harijan' in speech - Nothing in FIR that persons named therein were present in such meeting - Govt. notification of the year 2012 to ensure the non use of the word `Harijan' is meant for official communication and transaction - By..........

Showing : 71-80 of 13295 Results