Showing : 1141-1150 of 13216 Results

SUPREME COURT OF INDIA
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 376(2)(g)-- Rape - False implication - Due to enmity between family members of prosecutrix and accused - Not acceptable that prosecutrix will level an imaginary charge against accused for having raped her...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 376(2)(g)-- Gang rape - Testimony of prosecutrix - Prosecutrix aged 13 years stated that she was raped by three accused near her house when she had gone out to attend the call of nature - It is not possible to discredit her testimony about the incident - Contention of accused that because of some enmity..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Evidence Act, 1872, Section 27, Indian Penal Code, 1860, Section 302-- Disclosure statement - Recovery of blood stained `Kandhala' - Murder case - Weapon of offence got recovered from disclosure statement of accused - Prosecution examine both official witnesses who have stated consistently as regards factum of accused having made disclosure statement and having led..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Evidence Act, 1872, Section 11, Indian Penal Code, 1860, Section 302-- Plea of alibi - Murder - Accused not proved to be far away at the relevant time that he could not possibly be present at the place where crime was committed - Evidence led by accused to prove plea of alibi is rather sketchy and does not exclude with absolute certainty the possibility of his..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 354, 354A, Protection of Children from Sexual Offences Act, 2012, Section 8, 12-- Bail - Sexual assault on minor female aged 5 years - Driver of school van committed repeated acts of sexual assault despite warning by mother and grandmother of victim child - Such act of driver amounts to breach of trust reposed by parents of tiny tots - Even, such sex abuse is a particular..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Evidence Act, 1872, Section 106, Indian Penal Code, 1860, Section 302-- Burden of prove - Murder case - Death occurred in matrimonial home of deceased - Heavy burden is on accused u/s 106 of Evidence Act, to explain as to under what circumstances deceased died an unnatural death in his house - Accused failed to explain the same - Plea of alibi as raised by accused..........
MADHYA PRADESH HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 376, 306, 323-- Rape - Determination of age of deceased - Doctor who conducted post mortem opined that deceased was having public hair and hair in arm pits are well grown, which is possible between 16-17 years and 19-20 years - Trial Court on the basis of oral evidence and medical opinion opined that deceased was..........
MADHYA PRADESH HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 306-- Abetment of suicide - No evidence on record as to deceased dying due to hanging as per doubtful medical report - None of PWs except PW2 stated that they saw any rope tied to neck of deceased - Consequently, it doubted prosecution story as to deceased committing suicide - Trial Court did not rule..........
MADHYA PRADESH HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 376, 323-- Rape - Material contradictions in ocular evidence and medical evidence - Trial Court on basis of evidence of other PWs and in particular evidence of PW2 did not rule out possibility of consensual intercourse - Prosecution utterly failed to bring home story of committing rape by accused - Accused..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302-- Delay of 9 hours in lodging FIR - Murder case - FIR lodged by complainant after waiting for her husband and her relatives - Such like conduct can hardly be said to be unnatural as complainant being a lady might have chosen to wait for her husband and relatives before taking any further step -..........

Showing : 1141-1150 of 13216 Results