Showing : 51-60 of 613 Results

BOMBAY HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 161-- Delay of 20 days in recording statement of PW4 - No explanation forthcoming justifying delay in recording statement - Delay of 20 days in recording statement of PW4 thus, assumes significance particularly since her version recorded u/s 161 Cr.P.C. is conspicuously absent in FIR - Evidence of PW4..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 304(Part I), 307-- Offence u/ss 304(Part I), 307 IPC - Appeal against acquittal - No enmity between accused and victims - Material contradictions were found in statements of eye witnesses - FIR lodged after delay of 13 days and no explanation was given for the same by prosecution - Most of PWs turned hostile -..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3-- Murder - Conviction - Testimony of sole eye witness - Reliability - Fact that sole eye witness being the son of deceased did not make any attempt to save his father and not even raised alarm for help, appears to be unnatural - Further, it is highly improbable that a son without making appropriate..........
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..........

Showing : 51-60 of 613 Results