Showing : 51-60 of 389 Results

SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376(2)(f), 506-- Delayed FIR - Rape of minor girl aged 9 years by her uncle - Delay of 3 days in lodging FIR by PW1 after eliciting information from her daughter - Inconsequential as it is not easy to lodge complaint of this nature exposing prosecutrix to risk of social stigma, particularly when accused happens to..........
CALCUTTA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376, 417-- Delayed FIR - Rape - Delay in lodging FIR explained by parents of prosecutrix, as FIR lodged when accused refused to marry prosecutrix and she was five months pregnant - Omission to mention in FIR that accused after initial incident frequently used to have physical relationship with prosecutrix in..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 498A, 306-- Offence u/ss 498-A, 306 IPC - Framing of charge - Statement u/s 161 Cr.P.C. - Veracity, trustworthiness and genuinity of witnesses can be tested only during trial and not at the stage of framing of charge - If there is prima facie sufficient evidence to prove the offence, accused can be charged..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 364, 377, 302, 201, 34-- Delayed FIR - Delay of 36 hours in lodging FIR - Offence u/ss 364, 377, 302, 201, 34 IPC - Complainant is an illiterate person of rural background - Marriage of two elder sons was fixed on next day of incident - Moreover, village of complainant is 15 kilometers away from police station - Even..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 323, 504, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), Criminal Procedure Code, 1973, Section 468-- Order taking cognizance - Bar of limitation - Order specifically mentioned that delay in lodging FIR has been explained - Moreover, offence u/s 3(1)(x) of SC/ST Act, punishable with imprisonment for a term not less than 6 months but which may extend to 5 years and with fine, thus provisions of..........
UTTARAKHAND HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 498A, 306-- Cruelty - Abetment of suicide - Deceased committed suicide by pouring kerosene oil upon her and putting on fire after 12-13 years of her marriage - Parents of deceased stated that accused used to administer beatings to their daughter after consuming liquor - Medical evidence duly corroborates..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 154, Protection of Children from Sexual Offences Act, 2012, Section 4, Indian Penal Code, 1860, Section 506-- Delayed FIR - Sexual assault on girl aged 10 years by her near relative - Delay of 21 days in lodging FIR - Not fatal to prosecution, where family of prosecutrix belongs to rural area and father of prosecutrix was not in the village at the relevant time and FIR was lodged on return of father of..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 376, 506-- Rape of mentally retarded girl - Age of prosecutrix was 19 years old at the time of incident - Prosecutrix was not in a position to understand the consequences of sexual assault - She gave birth to female child - DNA test proved that accused was biological father of said child - Statement of..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 154-- FIR - Delay in lodging FIR not a ground by itself to throw away entire prosecution case - Court has to seek an explanation for delay and check the truthfulness of version put forward...........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 394, 397-- Delay in lodging FIR - Offence u/ss 394, 397 IPC - Occurrence took place in the intervening night of January when nights are extremely cold and foggy - Besides, on the next morning after covering distance of 14 kilometers reaching police station with three injured persons cannot be termed to be..........

Showing : 51-60 of 389 Results