Showing : 71-80 of 398 Results

RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 3-- Murder - Conviction based on circumstantial evidence - Deceased was missing from 21.1.95 - No explanation was given by wife for delay in lodging FIR of her missing husband - Three other persons were named without suspecting accused - No occasion to invoke last seen theory - Prosecution fails to..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 325-- Appeal against acquittal - Complainant's version is full of contradictions and other eye witness has differentiated himself on vital aspects coupled with fact that PW5 is related to complainant but has not supported complainant's version - Delay in lodging of FIR not explained - Prosecution story..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 304B-- Dowry death - Deceased committed suicide by consuming poison - No evidence on record that soon before her death deceased was subjected to harassment at the hands of accused - Relationship between deceased and accused was normal - Conduct of parents of deceased not natural as they stated that..........
CALCUTTA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376(2)(f)-- FIR - Delay of 14 hours in lodging FIR - Rape case - Delay occurred due to the fact that prosecutrix was threatened by accused with dire consequences if she reported the incident to anyone - However, immediately after incident prosecutrix allegedly deposed everything to her mother and also told..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 363, 364-- Kidnapping - Sole testimony of PW1 who is said to have witnessed the occurrence - However, major contradictions were shown in the testimony of PW1 - Site-plan does not show the place from where sole witness had seen the incident of child lifting - Name of PW1 not mentioned in FIR as eye witness..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(i)(x), Indian Penal Code, 1860, Section 323, 341-- Conviction - No explanation for delay in lodging FIR - PW7 was declared hostile - Accused was annoyed with complainant due to land dispute and pending mutation proceedings - Injury caused not on account of complainant belonging to lower caste - Thus, prosecution fails to establish offence u/s..........
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...........

Showing : 71-80 of 398 Results