Showing : 1-10 of 99 Results

SUPREME COURT OF INDIA
Year of decision: 2020
Details
Criminal Procedure Code, 1973, Section 438-- Anticipatory bail - While granting anticipatory bail Court has to keep in mind the following factors : viz. (a) When a person complains of apprehension of arrest and approaches for order, application should be based on concrete facts (and not vague or general allegations) relatable to one or other..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 377, Protection of Children from Sexual Offences Act, 2012, Section 4-- Unnatural offence - 12 years old boy sexually abused by accused - PW1/informant is not an eye witness and whatever is written in FIR was based on information so received from PW2/victim and PW3 - Victim and PW3 both turned hostile and they have not supported prosecution version - There is..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 6, 17, Prohibition of Child Marriage Act, 2006, Section 6, 17-- Bail - Offence u/ss 363, 366, 376 IPC, Ss.6, 17 Protection of Children from Sexual offences Act, 2012 & Ss.6, 17 Prohibition of Child Marriage Act, 2006 - Prosecutrix and accused are parents of new born baby - Considering statement of prosecutrix u/s 164 Cr.P.C, accused is neither in a position to..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302-- Oral dying declaration - Murder - Allegation against niece of deceased - Oral dying declaration of deceased recorded before PW2, PW3, PW4 and others - Said declaration is clearly an afterthought, inasmuch as same was brought up before trial Court for first time - PWs not made any statement..........
CALCUTTA HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 27-- Murder - Recovery of sword - Recovery was effected in presence of police witnesses and not supported by any independent witness - Place of recovery is an open place and accessible to all - I.O recorded statement of accused and pursuant to such statement recovery effected - However, such statement..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 25, Indian Penal Code, 1860, Section 304(Part II)-- Confession before registration of an offence - Offence u/s 304(Part II) IPC - Accused visited police station and narrated incident to police that she assaulted her husband - Statement of accused led to discovery of a fact that her husband had died in the house due to injury - Onus of prosecution..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 22, 29-- Recovery of 12.5 kg Tramadol powder - Petitioners implicated only on the basis of disclosure statement made by co-accused, which is hit by S.25 of Evidence Act - Moreover, said disclosure statement made by co-accused did not lead any discovery of fact - Even while allowing remand of petitioners no..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 304(Part I)-- Culpable homicide not amounting to murder - PW1 is an eye witness of incident - However, PW1 has given a general and omnibus statement about assault upon deceased as well as to himself by accused, which is not even duly corroborated by medical evidence - Neither deceased nor PW1 had any injury..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 32(1)-- Dying declaration recorded by independent person, who is neither a relative nor a friend nor interested in deposing against the accused, there should be no hesitation in accepting his version on the aspects that - (a) the declarant had an opportunity to observe and identify the assailant, (b) the..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 29, Evidence Act, 1872, Section 27-- Disclosure statement - Recovery of 180 gms brown sugar - Discovery made from co-accused as such cannot be construed as a disclosure leading to discovery of any incriminating material - At the best such information can be construed as an information about commission of offence or statement by a..........

Showing : 1-10 of 99 Results