Showing : 41-50 of 597 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 154-- Delay in lodging FIR - Rape case - Delay of one day in reporting matter to police after missing of prosecutrix, is fatal to prosecution case, particularly when father of prosecutrix was a helper of Police Department, and there is no explanation as to why matter was reported so late to police...........
UTTARAKHAND HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 376, 323, Protection of Children from Sexual Offences Act, 2012, Section 5, 6-- Rape of 9 years old girl - Prosecutrix narrated entire incident of rape to her aunt and thereafter to her mother - Statement of prosecutrix recorded u/s 164 Cr.P.C duly corroborated by statements of PW2, PW3, PW4 - PW2 and PW4 noticed blood stains on clothes of prosecutrix - Prosecutrix was..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 376, 452-- Rape - Prosecutrix was minor on the date of commission of offence - Her consent therefore, not relevant - Delay in lodging FIR also not relevant, as at the time of commission of offence, parents of prosecutrix were not at home and she was all alone in the house - Incident was witnessed by PW11,..........
KARNATAKA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 154-- Delay in lodging FIR - Murder case - There is no relationship between accused and deceased with witnesses - Delay by itself would not render the prosecution case to be doubtful, as contended by accused...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302-- Delay of 9 hours in lodging FIR - Murder case - FIR lodged by complainant after waiting for her husband and her relatives - Such like conduct can hardly be said to be unnatural as complainant being a lady might have chosen to wait for her husband and relatives before taking any further step -..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 302, 324, 148, 149, Evidence Act, 1872, Section 3-- Murder - Appreciation of evidence - Place of incident not established - Testimony of injured eye-witnesses not corroborated by each other and even, medical evidence does not support their version - Presence of family members on spot not established - Moreover, Civil Surgeon frequently changing his..........
DELHI HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 227, 154-- Discharge - Rape case - Delay in lodging FIR or refusal to undergo internal medical examination cannot be made a ground for discharge by Court, particularly when in FIR and in statement of prosecutrix u/s 164 Cr.P.C., there are allegation of rape without her consent when she allegedly fell..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 326, 498A, Dowry Prohibition Act, 1961, Section 4-- Delay in lodging FIR - Grievous hurt - Cruelty - Dowry demand - FIR lodged by mother of victim - Delay duly explained by victim which is corroborated by her mother, as victim was put to fire being tortured for demand of dowry and secretly treated at her in laws house by accused and accused did not..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 154-- Delay in lodging FIR - Injured was immediately taken to hospital after occurrence, where she was medico legally examined - As her condition was serious, she was taken to another hospital - Since injured was unfit to make statement, statement of complainant was recorded and there was some delay in..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 154-- Delay in lodging FIR - Delay in itself is not fatal to prosecution case - Delay puts Courts on caution to scrutinize the evidence available on file with greater care and caution...........

Showing : 41-50 of 597 Results