Showing : 5081-5090 of 13616 Results

SUPREME COURT OF INDIA
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 302, 53, Criminal Procedure Code, 1973, Section 354, Constitution of India, 1950, Article 21, 72, 161-- Death sentence - Delay in execution - Held, exorbitant delay in disposal of mercy petition renders process of execution of death sentence arbitrary, whimsical and capricious and, therefore, inexecutable - Such imprisonment, occasioned by inordinate delay in disposal of mercy petitions is beyond..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 302, 53, Criminal Procedure Code, 1973, Section 354-- Death sentence - Delay in execution - Held, prolonged delay in execution of death sentence by itself gives rise to mental suffering and agony which renders subsequent execution of death sentence inhuman and barbaric - Convict is not under a legal obligation to produce evidence of their sufferings..........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 342, 354(A), 376, 120B, 506, 509, 34, Juvenile Justice (Care and Protection of Children) Act, 2000, Section 23, Protection of Children from Sexual Offences Act, 2012, Section 8-- Bail - Wrongful confinement, criminal intimidation and sexual offences - Investigation is complete - Challan already filed - Both the petitioners are not in a position to either influence or tamper with the evidence or threat the complainant in any manner unlike the main accused - Nothing to..........
GAUHATI HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 500, 34-- Defamation - Publication of defamatory article in newspaper - No positive averments in complaint about petitioners having prior knowledge of publication or petitioners being directly responsible for publication of said imputation - No presumption u/s 7 of Press and Registration of Books Act can be..........
ORISSA HIGH COURT
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 376-- Rape - Accused can be convicted on the sole testimony of victim provided the same does not suffer from any basic infirmity - Corroboration may be insisted upon where a woman having attained majority is found in a compromising position and there is likelihood of her having made false accusation..........
ORISSA HIGH COURT
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 376-- Rape - Acquittal upheld - (i) there was ample time for victim to run away; (ii) It was natural that there would have been push and pull and wearing apparels are likely to have been torn but it is neither stated nor proved; (iii) it is not stated that any force in any manner was used to restrain..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 354-- Murder - Awarding of death sentence - Held, when Court is dealing with offences relating to heinous crimes like murder, rape, armed docoity etc., prior record of conviction, will be a relevant factor - But that conviction should have attained finality so as to treat it as aggravating circumstance..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 302-- Murder - Death sentence - Commutation to fixed term R.I. without remission - Appellant is involved in twenty four criminal cases of which three are for offence of murder and two are for attempting to commit murder - Held, in such circumstances, if appellant is given a lesser punishment and let..........
GAUHATI HIGH COURT
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 498A, 406, Criminal Procedure Code, 1973, Section 407, 178(c)-- Transfer of case - Permissibility - Matrimonial dispute between husband and wife - Complaint field by wife against her husband for offences u/ss 498A, 406 IPC at place `G' - Complaint shows that alleged acts of cruelty had taken place in matrimonial home of wife situated at place `N' - No..........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 354, 376, 511-- Outraging the modesty of woman - Revision/appeal against acquittal - Powers of High Court to reassess the evidence and to reach its own conclusions are as extensive as in an appeal/revision against an order of conviction, yet as a rule of prudence, it should always give proper weightage and..........

Showing : 5081-5090 of 13616 Results