Showing : 2411-2420 of 12893 Results

KERALA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 299-- Recording of evidence in absence of accused - Offence u/ss 341, 323, 34 IPC - Conditions as prescribed u/s 299(1) Cr.P.C. is not attracted in the case to record the deposition of PWs - Examination-in-chief of PWs recorded by Court below in the absence of petitioner cannot be given in evidence..........
DELHI HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376-- Rape - Delay of 10 days in lodging FIR - No plausible explanation to delay the lodging of FIR - Delay fatal to prosecution case...........
DELHI HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 156-- Rape - Defective investigation - Age of prosecutrix - No document collected to establish prosecutrix's age on the day of incident - Prosecution failed to examine any witness to prove if prosecutrix was below 16 years of age - Exact age of prosecutrix not surfaced on record, as prosecutrix has..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 156(3)-- Direction for proper investigation - Includes registration of FIR - Even where a Magistrate does not do so in explicit words but directs for investigation u/s 156(3) of the Code, police should register an FIR...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 304B-- FIR - Delay - Dowry death - Delay in lodging FIR not much - But it does bring an element of doubt when defence is successful in showing that girl made a statement in the presence of medical officer that she was under the influence of some evil spirits...........
DELHI HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 439(2), 482-- Bail is rule and jail is an exception - Bail ought not to be denied only on the perceived apprehension of tempering with the evidence by accused - Rather there must be some prima facie evidence on record or justifiable grounds to believe that in case the benefit of bail is granted to an accused,..........
DELHI HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 439(2), 482, Indian Penal Code, 1860, Section 420, 406, 467, 471, 120B-- Criminal breach of trust - Grant of bail - Accused and complainant are directors ofthe same company - Allegation of complainant that accused persons applied for loan on his false signature and manipulated the accounts of the company - In reply, accused stated that loans were obtained in a..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 228-- Omission to frame charge - Order of remand - Trial Court framed charge against accused u/ss 302, 390, 392, 457, 120-B, 34 IPC - No charge framed u/s 397 IPC - High Court remitted the matter to trial Court for framing charge u/s 397 IPC - Deduction of High Court that omission to frame charge u/s..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320-- Dishonour of cheque - Compromise - Complainant admits factum of compromise and accorded his consent that he has no objection if conviction and sentence of accused is set aside - Conviction and sentence of accused set aside - Accused acquitted...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 228-- Framing of charge - Purpose of framing a charge against accused is to acquaint him with the incriminating facts and circumstances proposed to be proved against him in the trial to follow - Principal objective is to afford him an opportunity of preparing his defence against the charge - Possibility..........

Showing : 2411-2420 of 12893 Results