Showing : 1-10 of 24 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3-- Murder - Testimony of witnesses - Recovery weapon - Last seen evidence and extra-judicial confession made by respondent-accused before PW-16, is found unworthy of reliance - Further, murder weapon axe, was recovered at the instance of accused from an abandoned open room in a field which had easy..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 307, Arms Act, 1959, Section 25(1A)-- Attempt to murder - Appeal against acquittal - Acquittal upheld viz: (i) name of accused not mentioned by eye witness/brother of victim to Chief Medical Superintendent, despite knowing the accused; (ii) weapon of offence/pistol recovered from pocket of accused next day is improbable; (iii) weapon..........
JAMMU AND KASHMIR HIGH COURT
Year of decision: 2017
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20-- Recovery of 3 kg 50 gm charas - Appeal against acquittal - Accused acquitted viz: (i) contraband produced before Magistrate after delay of two days and there is no evidence as to where it was kept for two days before producing it for resealing before Magistrate and then sending to FSL; (ii) no FSL..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 17-- Recovery of 2.900 kgs of opium - Appeal against acquittal - Admittedly, samples were collected from S.P. office on 15.04.1988 but it was handed over to FSL office on 16.04.1988 - Therefore, it is not established as to where sample was kept by PW2 in the night of 15.04.1988 - Moreover, when samples..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 304B, 498A, 302-- Offence u/ss 304-B, 498-A, 302 IPC - Appeal against acquittal - Refusal of leave to appeal - Deceased died within seven years of her marriage in unnatural circumstances - Presumption u/s 113-B of Evidence Act is to be raised - Trial Court acquitted all accused as there was no medical evidence..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 250-- Malicious prosecution - Compensation - Acquittal in an offence under NDPS Act - Acquittal on the foundation that there was delay in obtaining report from FSL and further the test showed that seized items did not contain any contraband article - Nothing on record to show lapse on the part of..........
UTTARAKHAND HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 396, 412-- Dacoity with murder - PW3 an injured eye witness refused to identify accused persons - He also denied his presence when looted articles recovered from possession of accused persons - Testimony of police witnesses not supported by independent witnesses - Neither finger prints taken from place of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 376-- Rape of married women - Prosecutrix herself went to house of accused without any valid reason - FSL report does say that semen is found but no further examination was carried out - There was no injury on external or internal parts of body of prosecutrix - Evidence of prosecutrix suffers from..........
CHHATTISGARH HIGH COURT
Year of decision: 2013
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20-- Ganja - Recovery of 67.400 kg. - Acquittal - (i) Sample when taken to FSL was not in sealed condition; (ii) Sample not prepared when contraband was seized; (iii) Sample prepared after 1-1/2 months of the seizure of contraband; (iii) no evidence to explain the delay regarding preparation of sample;..........
JAMMU AND KASHMIR HIGH COURT
Year of decision: 2013
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21-- Contraband - Illegal possession - Acquittal - Validity - SDPO not produced and examined at trial to prove that exercise of search, seizure and recovery of contraband and arrest of accused was a legitimate and lawful exercise conducted in conformity with mandatory provisions of NDPS Act - Evidence..........

Showing : 1-10 of 24 Results