Showing : 21-30 of 601 Results

SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 157-- Delay in forwarding FIR to Magistrate - Non-compliance of S.157 Cr.P.C - Obligation is on I.O. to communicate report to Magistrate - Delay in submitting report is always taken as a ground to challenge the veracity of FIR and day and time of lodging FIR - But mere delay in sending report itself..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 157-- Delay in forwarding FIR to Magistrate - Non-compliance of S.157 Cr.P.C - On delayed dispatch of FIR, some prejudice have to be proved by accused - Prejudice which sought to be projected by accused is that in FIR names of only 7 accused were mentioned but in report sent to Magistrate there were 10..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 411-- Delay in lodging FIR - Receiving stolen property - Statement of complainant recorded after 11 months of incident - Complainant without any basis named accused to be one who broke open lock of his house and committed theft besides burning some of articles - However, it was not mentioned as to how..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 154-- FIR - Suppression of earlier FIR - FIR in hand cannot be considered as FIR - At the most it can be considered as statement recorded u/s 161 Cr.P.C. - Delay in lodging FIR not explained - These factors together cast grave doubt on the credibility of prosecution version and lead to conclusion that..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 376-- Rape - Age of prosecutrix 12 years at the time of occurrence - Consent of prosecutrix is thus, immaterial - Evidence of prosecutrix is supported by medical evidence and also by evidence of PW4, who saw accused running away from scene of occurrence - Delay in lodging FIR properly explained as uncle..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 154-- Delay in lodging FIR - Cannot be used as ritualistic formula for doubting prosecution case - If delay is explained to satisfaction of Court, delay cannot by itself be a ground for disbelieving and discarding entire prosecution case...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 157-- Delay in sending FIR to Court - Murder case - Police had knowledge of murder before 7 p.m. but FIR registered at 11 p.m. - However, FIR reached jurisdictional Magistrate at 4.10 a.m. on following day - No explanation whatsoever was forthcoming from prosecution side for inordinate delay in FIR..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 154-- FIR - Delay in lodging FIR - Incident occurred in mid night at 11.30 P.M - FIR lodged at 4.15 A.M - Distance between place of occurrence and police station 4 kms - Delay occurred in lodging FIR is natural one, as it is not expected that family members in such a situation in the night hours would..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 154-- Delay in lodging FIR - Offence u/ss 366, 376(2)(g) IPC - Complainant and prosecutrix belong to rural background, therefore, delay in lodging of FIR cannot be considered to be ground so as to give benefit to accused...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 154-- FIR - Omission to give names of assailants or witnesses in the FIR not all times be fatal to prosecution, if FIR is lodged without delay - Unless there are indications of fabrication, Court cannot reject prosecution case as given in FIR merely because of omission...........

Showing : 21-30 of 601 Results