Showing : 11-20 of 398 Results

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...........
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...........
MADRAS HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 498A-- Delay in lodging FIR - Cruelty - Inhumane religious ceremony - Incident occurred in a remote village and victim was under control of accused - Thereafter victim approached help to Kalaimagal Mahalir Mandram, who ultimately took her to All woman Police station - There are sufficient reasons for..........
DELHI HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 506, Information Technology Act, 2000, Section 67A-- Bail - Rape - Delay in lodging FIR unexplained - No threats ever extended to prosecutrix by accused as contended by prosecutrix - CCTV cameras footage confirm that accused was at his college in Punjab and not present on the spot as alleged by complainant - Bail granted to accused with conditions...........
SIKKIM HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 154-- Rape - Delay in lodging FIR - Delay occurred due to trauma suffered by prosecutrix - Merely because prosecutrix was not a child as defined u/s 2 of POCSO Act, does not deprive her of right of being traumatized and shocked by abhorrent act of accused - Prosecutrix admitted that she slept that night..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 154-- FIR - Delay of about 30 hours in lodging FIR - Informant/step mother of deceased is resident of a remote village and was an illiterate and poor lady - Besides, she had personally seen her son being throttled and being taken away by accused - Informant was threatened with dire consequences by one..........

Showing : 11-20 of 398 Results