Showing : 1-10 of 18 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 302, 394, 449, 34, Arms Act, 1959, Section 25, 27-- Tripple murder case - Robbery - Circumstantial evidence - Last seen theory - Last seen witnesses saw entry and exit of accused from crime scene respectively - Witnesses conveyed this piece of valuable information to complainant right before he filed first information - However, there is no whisper..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 311-- Re-examination - PWs seeking re-examination on the ground that previous statements were made under influence of police - Sought after 14 months - Witnesses were cross examined at length - Sessions Judge recorded a finding that they were not under any pressure while recording their evidence - No..........
CHHATTISGARH HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 161-- Delay - in recording statement of PW cannot be held fatal to prosecution, unless I.O. is asked questions about delay in recordings statements and explanation is sought from witnesses as to why their statements were recorded late...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 161-- Delay in recording of statement of witnesses - Does not necessarily discredit their testimony, if they are cogent and credible and delay is explained to the satisfaction of Court - In the instant case, there was a delay of 15-16 days from the date of incident in recording the statements of PW3 and..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302, 148, 149-- Murder - Three eye witnesses to the occurrence - One declared hostile - However, statements of two eye witnesses record after 3 days of occurrence - No explanation for such delay - More so, there is no evidence on record as to how police came to know that these witnesses saw occurrence - Delay in..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2015
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29-- Recovery of 68 kgs charas - Drugs trafficking - Secret information - Prosecution failed to explain as to why there was delay of 12 hours in recording statement of official witnesses - Material witness not examined by prosecution - I.O. has not even prepared the spot map - Contradictions in the..........
KARNATAKA HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 161-- Statement of eye witness - Delay in recording statement - Belated recording of statements of eye witnesses would not ipso facto affect the prosecution case in view of fact that version as stated by PW2 was entirely found in the complaint lodged by PW1 within 2 or 2-1/2 hours of incident...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3-- Murder - Circumstantial evidence - Accused alleged to have killed his uncle and aunt by firing gun shots - Prior to incident there was a joint family and deceased were living amicably with accused - Prosecution failed to show that in past or immediately prior to incident some altercation took..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 300-- Murder - Delayed FIR - Trial Court held that there was no delay in carrying out various formalities with regard to the receipt of `ruka', holding of inquest, recording statement of witnesses, registration of FIR and forwarding same to Magistrate - Held, having perused the reasoning of trial Court,..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 376,302,363, Criminal Procedure Code, 1973, Section 154Kidnapping-- Rape and Murder of minor girl - Delay of two days in lodging report and recording statements of witnesses - Held, failure of prosecution to offer even rudimentary explanation for delay coupled with failure to produce police proceedings of the night of incident raises credible inference that..........

Showing : 1-10 of 18 Results