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GUJARAT HIGH COURT
Year of decision: 2013
Details
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), Indian Penal Code, 1860, Section 120B, 468, 471, 465, 420-- Criminal misconduct, conspiracy, forgery and cheating - Conviction - Validity - Appellants went to house of insured and took away his two insurance policies along with premium payment receipts on pretext of upgrading said policies - Thereafter, one of the appellants fraudulently obtained death..........
UTTARAKHAND HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 191, 193, Criminal Procedure Code, 1973, Section 164-- Statement recorded u/s.164 Cr.P.C. - False evidence - Applicability of S.193 IPC - Statement of juvenile recorded u/s.164 Cr.P.C. without administering oath - Held, S.191 IPC is not attracted - No question of application of S.193 IPC - Moreover statement of witnesses before Investigating Officer..........
GUJARAT HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 378, Indian Penal Code, 1860, Section 306, 498A, 304B-- Appeal against acquittal - I, laws and husband of deceased alleged to have harassed her mentally and physically as she could not bear child which led her to commit suicide - Prosecution failed to produce any evidence to prove demand of dowry or that they taunted her for not bearing child after..........
PATNA HIGH COURT
Year of decision: 2013
Details
Arms Act, 1959, Section 27, Indian Penal Code, 1860, Section 302, 147, 148, 149-- Murder - Proof - Accused persons alleged to have killed deceased by firing on his head in tussle for being agent of Maxi Stand - Accused persons took defence of false implication and also pleaded that deceased was a criminal involved in number of cases - Prosecution witness, in whose tea stall,..........
DELHI HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 378-- Appeal against acquittal - In an appeal against an order of acquittal, Appellate Court should not normally interfere with findings of fact arrived at by Trial Court unless reasoning given by Trial Court is perverse or illegal on the very face of it - With acquittal of accused, presumption of..........
UTTARAKHAND HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 378, 386(a)-- Appeal against acquittal - Exercise of power by appellate Court - Held, if appellate Court comes to conclusion that view taken by trial Court is not correct view and there was sufficient evidence before trial Court for convicting accused, then it is duty of appellate Court to convict guilty person..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 374-- Murder case - Appeal against conviction - Without proper analysis of evidence almost in a summary way High Court dismissed appeal - Held, such disposal of criminal appeal by High Court particularly in a case involving charge u/s.302 IPC where accused is sentenced to life imprisonment..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 378-- Appeal against acquittal - Judgment of acquittal can be reversed in compelling circumstances when findings recorded by the Court below are found to be perverse i.e. if the conclusions arrived at by the court below are contrary to the evidence on record, or if the court's entire approach with..........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 22, Criminal Procedure Code, 1973, Section 389-- Bail during pendency of appeal - Accused convicted u/ss 8, 22 of NDPS Act and sentenced to 15 years RI and to pay a fine of Rs.1.50 lacs - Incriminating evidence and circumstance occurred against accused not put to him during his examination u/s 313 Cr.P.C. - Accused remained in jail for about 6..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 378-- Appeal against acquittal - Power to re-appreciate evidence - Held, while dealing with an appeal against acquittal, High Court has a duty to scrutinize evidence and sometimes it is an obligation on part of High Court to do so - Power is not curtailed by any of provision of CrPC - While..........

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