Showing : 51-60 of 476 Results

RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 376(2)(N)-- Rape - Consensual relationship between prosecutrix and accused as per evidence of prosecutrix - Accused was known to prosecutrix from 2013 - Sexual relationship developed between parties - Prosecutrix stayed with accused in the same house even after she got engaged - FIR lodged after delay of more..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 406, 407, 409, 468, 471, 420, 120B-- Offence u/s 406, 407, 409, 468, 471, 420, 120-B IPC - Framing of charges and continuation of criminal proceeding against petitioner after exonerating him from departmental inquiry on similar charge amounts to abuse of process of Court - Moreover, co-accused have already been acquitted by trial..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 304-- Framing of charge - Charge u/s 304(Part I)PC - FIR was registered at the instance of an eye witness and allegations are supported by medical evidence - Prima facie, a case to frame charge u/s 302 IPC is made out - Reasons given by trial Court for not framing charge u/s 302 IPC, not tenable - No..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 307-- Framing of charge - Grievous hurt - Intention - Injuries caused on vital part of body with weapons including knife - Held, even if injuries caused are not dangerous to life still offence u/s 307 IPC is made out as intention is writ large - Charges rightly, framed...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 228-- Framing of charge - At the stage of framing of charge Court is required to evaluate material and documents on record with a view of finding out if facts emerging therefrom, taken at their face value, disclose existence of all ingredients constituting the alleged offence - Court is not expected to..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 302, 120B-- Framing of charge - Offence u/ss 302, 120-B IPC - Police filed challan against petitioner along with other accused - Evidence on record particularly call details shows that petitioner was having illicit relation with co-accused and on the date of incident petitioner and co-accused had conversation..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 323, Arms Act, 1959, Section 7, 27-- Committal of case to Sessions Court - Offence u/ss 7, 27 of Arms Act - PWs gave different versions about arm recovered from accused - Evidence given by police officer cannot be given credence to infer that arm recovered from accused was in the category of prohibited arm - Essential ingredients of..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 228-- Framing of charges - At the stage of framing of charge, Court is required to evaluate the material and documents on record with a view of finding out if facts emerging therefrom, taken at their face value, disclose the existence of all ingredients constituting alleged offence - Court is not..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 228-- Framing of charge - At the stage of framing of charge, Court is not to enter into a roving inquiry to appreciate or weigh the material on record - Strong suspicion is enough for Court to form a presumptive opinion as to existence of an event having taken place, justifying framing of charge...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 311-- Framing of charge - Charge u/s 311 IPC - No evidence on record that petitioners forcibly got pregnancy terminated - To frame a charge there has to be some material available with prosecution which is lacking in the case - Investigation done by prosecution itself does not support her claim - Court..........

Showing : 51-60 of 476 Results