Showing : 1031-1040 of 3633 Results

SUPREME COURT OF INDIA
Year of decision: 2013
Details
Evidence Act, 1872, Section 32, Criminal Procedure Code, 1973, Section 161-- Dying declaration - Validity - Deceased had sustained grievous injuries on vital parts of his body - His statement was recorded by Investigation Officer u/s.161 Cr.P.C. - Deceased succumbed to injuries after about 24 hours - Doctor opined that in spite of nature of injuries sustained deceased was..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 374-- Murder case - Appeal against conviction - Without proper analysis of evidence almost in a summary way High Court dismissed appeal - Held, such disposal of criminal appeal by High Court particularly in a case involving charge u/s.302 IPC where accused is sentenced to life imprisonment..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 378-- Murder - Order of acquittal - Interference by superior court - Held, in exceptional cases where there are compelling circumstances to interfere and judgment under appeal is found to be perverse, appellate Court can interfere with order of acquittal - Appellate Court should bear in mind presumption..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 319, 397, 399, 401-- Order passed u/s 319 Cr.P.C. refusing to summon additional accused - Not an interlocutory order - Order can be assailed by way of revision...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 482-- Inherent jurisdiction - Can be exercised when there is no remedy provided in the Code of Criminal procedure for redressal of the grievance - It is well settled that inherent power of the Court can ordinarily be exercised when there is no express provision in the Code under which order impugned can..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 397, 399, 401-- Revision - High Court can call for the records of any criminal court and examine the correctness, legality or propriety of any finding, sentence or order, recorded or passed, and as to the regularity of any proceeding of such inferior Court - However, sub-section (2) of S.397 puts a restriction on..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 354-- Penology - Imposition of sentence - Duty of Court - Held, in operating sentencing system, law should adopt corrective machinery or deterrence based on factual matrix - Facts and given circumstances in each case, nature of crime, manner in which it was planned and committed, motive for commission..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 313-- Statement of accused u/s 313 Cr.P.C. - Held, when attention of accused is drawn to the circumstances that inculpated him in crime and he fails to offer appropriate explanation or gives a false answer, the same can be counted as providing a missing link for building chain of circumstances...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 319, 397, 401, 482-- Order passed u/s 319 Cr.P.C. - Challenge thereto by way of revision or by way of a petition u/s 482 Cr.P.C. - Notice and opportunity of hearing - Held, notice and opportunity of hearing to the person in whose favour some right accrued by virtue or order passed by trial court has to be given...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 378-- Appeal against acquittal - In exceptional cases where thee are compelling circumstances and the judgment under appeal is found to be perverse, the appellate court can interfere with the order of acquittal - Interference in a routine manner where the other view is possible should be avoided unless..........

Showing : 1031-1040 of 3633 Results