Showing : 71-80 of 389 Results

ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376, 323, 504, 506-- Delayed FIR - Rape case - Informant stated that he moved a written application but his report was not lodged - Even prosecutrix and her mother also stated that they went to police station to lodge report but her report was not lodged - However, neither copies of such application nor copies of such..........
ORISSA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 154-- Delay in lodging FIR - Cannot be a ground by itself for throwing away entire prosecution case - Court has to seek an explanation for delay and check the truthfulness of the version put forward - If Court is satisfied with such explanation, then delay factor cannot be counted against the..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 154-- Delayed FIR - Rape case - No doubt, delay in lodging FIR in rape case is always not fatal for prosecution case, but even in case of rape, delay has to be explained...........
ORISSA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376-- Rape - Delay in lodging FIR - Parents of prosecutrix were not present when incident took place - FIR lodged immediately after return of parents of prosecutrix - Delay sufficiently explained - Prosecution case cannot be doubted on account of delayed FIR...........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 376, 447-- Rape of minor girl - Unexplained delay of 8 days in lodging FIR - Medical evidence shows that prosecutrix was 14 years of age at the time of incident - No external or internal injuries present upon body of prosecutrix - Prosecutrix stated her age as 12 years and also stated that she raised cries..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376-- Rape - Delayed FIR - Delay of 11 days in lodging FIR, not satisfactorily explained - Distance of police station being 2 kms from the place of occurrence - Nobody lodged police report till victim was found and victim herself lodged FIR - Delay is thus fatal to prosecution case as victim herself..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 154-- Delayed FIR - Delay of 4 days in lodging FIR - Rape case - Place of occurrence 6 kms away from the place of incident - Informant stated that FIR delayed as she was threatened by accused - However, nothing on record to show that accused threatened informant - Even otherwise, it is not..........
CHHATTISGARH HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 376(1)-- Rape - Consensual intercourse - Physical relations between prosecutrix and accused on number of occasions established on record - Prosecutrix never disclosed about said acts as accused assured prosecutrix for performance of marriage and subsequently on his refusal to marry her, a report was lodged..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 154-- Delay in lodging FIR - Satisfactory explained - Prosecution case cannot be doubted on small delay between the time of occurrence and in registration of FIR...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 154-- Delayed FIR - Delay in lodging FIR properly explained as being a father of deceased PW5, became unwell for two hours after death of his son - More so, another incident of setting fire to the house of accused in the same night, which is the outcome of the murder of deceased at the hands of accused..........

Showing : 71-80 of 389 Results