Showing : 41-50 of 389 Results

RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 376-- Rape of 50 years old lady by 20 years old accused - Delay of 33 days in lodging FIR not explained - Prosecutrix a matured lady of around 50 years of age and working as a Head Mistress in Government School - It is unbelievable that despite commission of rape upon her in the year 2012, she has not..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 302, 34-- Murder - Contradictions in testimonies of PWs and none of them is eye witness to the alleged incident - Delay of 6 days in lodging FIR not explained - Medical evidence not supported ocular evidence - Eye witness to the incident has neither stated as to when accused came with alleged weapons nor he..........
ORISSA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 147, 148, 427, 435, 149-- Delayed FIR - Offence u/ss 147, 148, 427, 435, 149 IPC - Delay of 15 days in lodging FIR - Curfew imposed throughout the District for a considerable period and there was wide spread communal rioting - In such situation, delay in lodging report was not fatal, as circumstances must have dissuaded..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 323, 504, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x)-- Offence u/ss 323, 504, IPC and S.3(1)(x) of SC/ST Act - Delay of 7 days in lodging FIR not explained by prosecution - Nature of superficial injuries on the mother of first informant, which were opined to be one week old, not produced in evidence - None of independent witness or villager who..........
ORISSA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 436-- Delayed FIR - Delay of 5 days in lodging FIR - Offence u/s 436 IPC - Informant stated that delay occurred as no male member was present in house on date of occurrence - However, cumulative effect of evidence of PWs indicates that occurrence took place at noon and informant and his father was..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302-- FIR - Delay in lodging - Murder case - Circumstances of case does not show that FIR is ante timed - Nor it is possible to disbelieve timing of FIR, as police constable went to scene of crime and seized the shirt before registration of FIR - There is also no requirement that FIR must be in the..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 307, 148, 149-- Attempt to murder - Unlawful assembly - Appeal against acquittal - Brutal attack on PW1 causing 12 injuries involving fracture of skull, fracture of bones of both legs as well as on wrist - PW1 unequivocally stated both in his complaint and in his evidence, which is not shaken in cross, that five..........
CALCUTTA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 300-- Murder - Delay of 14-15 days in lodging FIR - Complainant being a helpless, illiterate villager, not understanding importance of setting law in motion by lodging FIR - After recovering from pain and grief due to death of his daughter, went to police station and came to know that no complaint was..........
UTTARAKHAND HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 147, 148, 149, 323, Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)X, 3(2), 4-- Quashing of summoning order - Offence u/ss 147, 148, 149, 323 IPC, Ss.3(1)X, 3(2), 4 of SC/ST Act - Allegation that petitioners came on the spot and started firing and gave beatings to women - Stones were pelted and petitioners used firearms and sharped edged weapons - However, neither any firearm..........
DELHI HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 392, 397, 34-- FIR - Delay - Robbery - Complainant did not lodged FIR on the same date of incident, as incident took place in the mid night and thereafter police arrested the accused - Verification done from recovered mobile phone which was of complainant - Merely because complainant did not promptly lodged FIR,..........

Showing : 41-50 of 389 Results