Showing : 2711-2720 of 13216 Results

RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 304A, 279-- Accident - Rash and negligent driving - Reduction of sentence - Offence does not involve moral turpitude - Incident occurred 20 years ago when accused was 27 years of age - It will be too harsh to send accused behind bars - Held, sentence reduced to period already undergone by accused - However,..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 363, 366, 376-- Kidnapping and rape - Testimony of prosecutrix - Prosecutrix attained the age of majority at or before the time of incident - FIR and statement of witnesses of fact are based on either suspicion and apprehension or on hearsay evidences and do not support the facts of charge - Prosecutrix herself..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 376-- Rape - Injury inflicted by prosecutrix on the back of accused at the time of alleged resistance was a scratch marks, which having regard to fact that prosecutrix was consenting party, may be treated as scratches caused out of her own passion during intercourse rather than resistance...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 419, 420, 465, 467, 468, 471, 120B-- Cheating - Lease of property having no legal authority to lease - Not a civil dispute - There are factual foundation and ingredients of the offence under which the petitioners have been booked...........
SIKKIM HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 376(2)(i), Protection of Children from Sexual Offences Act, 2012, Section 3, 4-- Rape - Prosecutrix became pregnant - However, no evidence on record to establish rape - Prosecutrix herself stated that she did not struggle to save herself when she was being raped cannot be overlooked - She also stated that accused `J' has impregnated her but on one occasion appellant also..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 378-- Appeal against acquittal - If trial Court judgment is based on evidence and view taken by trial Court in favour of accused is possible, High Court will not be justified in interfering only on ground that different view can be taken. (Para 9) Indian Penal Code, 1860, S.304-B - Offence u/s 304- B..........
SIKKIM HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 32-- Murder - Dying declaration - Political rivals - Contents of MLC shows that it was written not only on the declaration given by deceased but also on the declaration of his party supporters - Such a declaration cannot be held, to be dying declaration u/s 32 of Evidence Act - As regarding version of..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 451, 341, 147, 323, 506, 149-- Offence u/ss 451, 341, 147, 323, 506, 149 IPC - Occurrence took place during fair and many people had gathered there - However, prosecution only examined interested witnesses and no independent witness was associated - PWs turned hostile - Statements of police officials and doctor are also of no..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(5), 3(1)(x), Indian Penal Code, 1860, Section 447-- Utterance of caste derogatory words - Utterance that PW1 belongs to lower caste - PW1 did not state as to specific words uttered regarding caste - No allegation levelled that accused tried to dispossess - Contradiction in the statement of PW1 and PW2 - Specific stand was taken by accused that PW1..........
KERALA HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 506-- Criminal Intimidation - In order to attract the offence u/s 506 IPC, threat must be with intent: (i) to cause alarm to that person; or (ii) to cause that person to do any act which he is not legally bound to do as the means of avoiding the execution of such threat or; (iii) to cause that person to..........

Showing : 2711-2720 of 13216 Results