Showing : 121-130 of 597 Results

SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 154-- Delayed FIR - Delay in lodging FIR properly explained as being a father of deceased PW5, became unwell for two hours after death of his son - More so, another incident of setting fire to the house of accused in the same night, which is the outcome of the murder of deceased at the hands of accused..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 154-- FIR - Delay of six months in lodging FIR - Rape case - Explanation given by prosecutrix for such delay that she was frightened, is fatal for prosecution, as it gives a clear indication that victim was a consenting party to whole act and raises a shadow of doubt raising chances of false implication..........
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 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...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 363, 376(2)(g)-- Kidnapping - Gang rape of minor girl - Testimony of prosecutrix - Prosecutrix categorically deposed that she was raped by both the accused turn by turn - She was over-powered by two grown up men and absence of any mark of injury is not a ground to disbelieve her - Delay of FIR properly explained -..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 157-- Delay in forwarding FIR to Magistrate - Not fatal to prosecution case, when there was no material on record to show or suggest that FIR was tampered or it was fabricated at a later date by ante dating it or delay in sending FIR was so vital to doubt the prosecution case...........
CHHATTISGARH HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 376, 458-- Rape of a married woman when she was alone at home - However, on the same evening at 8.30 p.m, when prosecutrix went to her tenant for calling up her husband, it is indeed very surprising that she did not tell tenant anything about the occurrence - Prosecutrix on the next morning went to her..........
GUJARAT HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 154-- FIR - Rape case - Delay of two days in filing the complaint cannot be said to be an inordinate delay particularly when victim is a child who is required to be carefully handled - Victim on the next day of incident conveyed such incident to her mother - In such circumstances, delay not fatal to..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 154-- FIR - Delay of 8 hours in lodging FIR - Dowry death is very sensitive matter involving close relatives and only after properly thinking over the matter, report is lodged with police - Thus, delay of 8 hours in lodging FIR is inconsequential and is not going to adversely affect the veracity of..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 154-- FIR - Delay in sending FIR to Magistrate can vitiate the investigation, but a cogent reasoning can override this procedural lacunae...........

Showing : 121-130 of 597 Results