Showing : 1541-1550 of 3552 Results

SUPREME COURT OF INDIA
Year of decision: 2010
Details
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 173(2), 156(3), 200-- Police submitted closure report after investigation - Magistrate accepted the closure report - Complainant filed fresh complaint with Magistrate and sought investigation under Section 156(3) CrPC - Magistrate treated the complaint under Section 200 CrPC and ordered enquiry under Section 202 CrPC -..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 157-- FIR - Delay of seven days in receipt of report by Magistrate - FIR promptly lodged - Investigation proceeded immediately thereafter - Special report was sent by post - Mere delay in receipt of Special Report in no way causes doubt to the case of prosecution particularly when none of the witnesses..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 378, 386-- Appeal against acquittal - Interference by appellate court in an order of acquittal - Principles governing are : 1. The appellate court may review the evidence in appeals against acquittal under Sections 378 and 386 of the Criminal Procedure Code, 1973 - Its power of reviewing evidence is wide and..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 378, 386, Constitution of India, 1950, Article 136-- Appeal against order of acquittal passed by High Court - Interference by Supreme Court - Principles governing - (i) The High Court's decision is based on totally erroneous view of law by ignoring the settled legal position; (ii) The High Court's conclusions are contrary to evidence and documents..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Indian Penal Code, 1860, Section 304, Criminal Procedure Code, 1973, Section 378-- Appeal against acquittal - Murder case - Accused named in FIR - Deceased dying 14 days after incident due to head injury - All the eye witnesses including injured eye witnesses categorically named accused and attributed specific role to him - Medical evidence corroborated the evidence of eye..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 378-- Appeal against acquittal - Non reading and misreading of evidence and law - Evidence not appreciated in proper perspective - Conclusive arrived at by trial Court can only be termed as perverse - Held, High Court was fully justified in setting aside the acquittal...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 235-- Sentence - Quantum - Punishment must fit the crime - It is the duty of the Court to impose proper punishment depending upon the decree of criminality and desirability to impose such punishment - As a measure of social necessity and also as a means of deterring other potential offenders, the..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 105A, 105B, 105C, 105D, 105E, 105F, 105G, 105I, 105J, 105K, 105L-- Property acquired from criminal activities - Attachment and forfeiture of properties - Provisions of Chapter VII-A Cr.P.C. are not applicable to local offence under IPC - Provisions of Chapter VII-A are applicable to offences having international ramifications - This chapter is incorporated with..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Evidence Act, 1872, Section 27, Criminal Procedure Code, 1973, Section 100(4), 100(5)-- Material discovered pursuant to the facts deposed by the accused in police custody - Reliability - Depends on facts of each case - If discovery is otherwise reliable, its evidentiary value is not diluted just by reason of non compliance with the provision of S.100(4) or S.100(5) of the Code...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 378-- Appeal against acquittal - Appellate Court has full power to review, reappreciate and reconsider the evidence upon which the order of acquittal is founded - However, an appellate Court must bear in mind that in case of acquittal, there is double presumption in favour of the accused - Firstly, the..........

Showing : 1541-1550 of 3552 Results