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HIMACHAL PRADESH HIGH COURT

Year of decision: 2016
Details

Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 498A, 323, 34 -- Quashing of proceedings - Compromise - Offence u/ss 498-A, 323, 34 IPC - Out of Court settlement executed inter se parties - Complainant is residing with her husband co-accused as of today - Moreover, investigation is complete and report of investigation already filed before..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2016
Details

Indian Penal Code, 1860, Section 376 -- Rape - Absence of injuries on the external or internal parts of prosecutrix by itself cannot be a reason to disbelieve the testimony of prosecutrix or acquitting the accused - Even mere fact that hymen is intact or that there is no actual wound on the private part of prosecutrix is not conclusive of the fact that prosecutrix was not..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2016
Details

Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnaping and rape - Age of prosecutrix was below 16 years - No injury was found on the body of prosecutrix and she was habitual to intercourse - Accused and prosecutrix were known to each other from before - Prosecutrix has tried to help the accused and not fully supported the prosecution case - She was declared hostile..........

ALLAHABAD HIGH COURT

Year of decision: 2016
Details

Criminal Procedure Code, 1973, Section 321 -- Withdrawal from prosecution - Three FIR's against petitioners/protesters were registered by police under IPC - However, there was hardly any cogent and reliable evidence against petitioners - Investigating agency submitted charge sheet in the absence of cogent and reliable evidence - Withdrawal of case is in the public..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2016
Details

Indian Penal Code, 1860, Section 147, 148, 149, 120B, 332, 307, Evidence Act, 1872, Section 9 -- Un-lawful assembly - Identification of accused - PWs deposed that though it was dark at the spot but it was not pitch dark - There was sufficient light to identify the accused in the tube light - Moreover, accused were known to police party since they used to visit Police..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2016
Details

Indian Penal Code, 1860, Section 147, 148, 149, 120B, 332, 307 -- Un-lawful assembly - Criminal conspiracy - Property dispute - Accused formed an unlawful assembly to raise flag post over disputed land - Police force was deployed to diffuse situation - Crime committed in prosecution of its common object by pelting stones on police - Statement of officials witnesses duly..........

CALCUTTA HIGH COURT

Year of decision: 2016
Details

Indian Penal Code, 1860, Section 302, 307, 324, 326 -- Murder - Incident took place when deceased caught hold of a pick pocketer, as a result deceased suffered stab injuries - Name of assailant was not in the knowledge of injured persons - However, injured persons identified the accused in TIP and also after having recovered from injuries - Recovery of knife proved on..........

SUPREME COURT OF INDIA

Year of decision: 2016
Details

Indian Penal Code, 1860, Section 465, 468, 120B -- Reduction of sentence - Allegation that accused manipulated the revenue records and used manipulated documents in Civil proceedings in a suit with a view to grab the property for their personal benefits - Out of three accused, two died - Present accused is aged around 75 years - Accused has not retained any benefits..........

ALLAHABAD HIGH COURT

Year of decision: 2016
Details

Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376(2)(g) -- FIR - Gang rape - When prosecutrix went to police station along with her family members she was bleeding profusely, thus, FIR is prompt and there are remote chances of false implication and embellishment...........

ALLAHABAD HIGH COURT

Year of decision: 2016
Details

Indian Penal Code, 1860, Section 376(2)(g) -- Gang rape - Sole testimony of prosecutrix - Corroboration as a condition for judicial reliance on the testimony of prosecutrix is not a requirement of law but a guidance of prudence under given circumstances...........

Showing : 7631-7640 of 19569 Results