Showing : 361-370 of 13035 Results

ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376-- Bail - Rape - Prosecutrix disclosed her age to be about 30 years - She admitted to have had continued physical relationship with accused for several years on the hope of marriage - Moreover, accused is not having any criminal history - There is no likelihood of early conclusion of trial - Accused..........
KERALA HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 153A-- Offence u/s 153-A IPC - Mens rea is necessary ingredient of offence u/s 153-A of the Act - It is necessary that at least two groups or communities should be involved - Merely inciting feelings of one community or group without any reference to any other community or group cannot attract provision..........
KERALA HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 295A-- Offence u/s 295-A IPC - Comments posted by petitioner in Face book insult members of Islam religion - Petitioner has also made comments derogatory to holiness attributed to Prophet Muhammad - Prima facie these comments attract offence u/s 295-A of the Act. (Para 13 (iii) Indian Penal Code, 1860,..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4-- Bail - Kidnapping and rape - Age of prosecutrix found to be above 18 years - Prosecutrix had gone along with accused willfully and remained with him for weeks together with her consent - Prima facie case of bail is made out - Moreover, in view of nature of evidence, period of detention already..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 420, 406, 120B, Negotiable Instruments Act, 1881, Section 138-- Offence u/ss 420, 406, 120-B IPC - Quashing of FIR - FIR cannot be quashed merely on the ground that complaint u/s 138 of N.I Act is filed, particularly when police has found material to present challan against petitioner showing his involvement in conspiracy - Petition for quashing dismissed...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 420, 406, 120B, Negotiable Instruments Act, 1881, Section 138-- FIR u/ss 420, 406, 120-B IPC and complaint u/s 138 of N.I. Act - Where legally enforceable liability is incurred, despite being based on fraud, such liability remains legal and valid against person who had played fraud - In that situation, person would definitely be liable for offence u/ss 420,..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3-- Murder - Naming witness - No requirement in law that other witnesses should name a particular witness...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 304(Part I)-- Culpable homicide not amounting to murder - Gunshot injury - Deceased suffered only one injury on interior aspect of thigh by A-1 - Entry wound was on back of left thigh of deceased - There is no blackening, charring on exit wound - If A-1 was having intention to commit murder of deceased and used..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 9-- Murder - Identification of accused - Witness saw all accused persons coming down from stair case and running - Enough time for witness to memorize faces of accused - More so, there was good day light at the time of incident - Hence, in the absence of cross- examination on issue as to capacity of..........
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..........

Showing : 361-370 of 13035 Results