Showing : 61-70 of 183 Results

SUPREME COURT OF INDIA
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 397, 120B-- Dacoity - Conviction - Validity - Except stating what eye-witnesses have mentioned in their examination-in-chief, no further discussion is there in judgment of High Court - Testimony of all these persons are believed as gospel truth - Held, High Court was duty bound to consider their testimonies..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 9-- Murder - Identification parade - Allegation against accused that he was present at the residence of deceased - No identification parade of accused held - Witnesses identified accused in court after about 4-1/2 years - Held, absence of identification parade certainly casts a doubt about presence of..........
MADRAS HIGH COURT
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 302, 341, 394, 34-- Murder & Robbery - Acquittal - PW3 & PW4, eye witnesses did not state in their evidence that they appeared before a magistrate and gave a statements u/s 164 Cr.P.C. - There are contradictions in the statement vis-a-vis their evidence in court, therefore those statements cannot be used as a..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 302, 34-- Murder - Accused acquitted - PW5 star witness admitted that out of four persons who entered into her house only person by name Munna was known to her - However, she wrongly identified accused `H' as Munna in open Court - PW5 saw the other three accused for the first time and that too for only a..........
UTTARAKHAND HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 376-- Rape - Proof - Accused alleged to have dragged victim, girl of 14 years of age, into bushes and committed rape on her - Testimony of victim fully supported by medical examination - Nine years old brother of victim also stated same facts which victim stated before Court - Accused failed to show..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 311, 301, Evidence Act, 1872, Section 165-- Recall of a witness, who was a statutory authority and in whose presence the test identification parade was held, who is also a Judicial Magistrate, who made wrong statement against his own record - Court to recall the said witness with further direction to public prosecutor for putting across the..........
KARNATAKA HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 395-- Dacoity - Accused are strangers to PW2 - No steps have been taken to hold identification parade - An admission has been given by PWs 2 & 3 that they have seen the accused for the first time in Court - No reliance can be placed on their testimony to hold that accused have committed dacoity -..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Evidence Act, 1872, Section 9-- Identification parade - Delay of 13 days - No explanation for the delay - Prosecution witnesses admitted unambiguously that each of the accused was shown to them in police station much prior to test identification parade conducted in jail - They have stated that they identified only those accused..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Evidence Act, 1872, Section 5-- Conviction - Validity - Appellant was not apprehended from spot - He fled away from place of recovery after leaving behind his cycle - Cycles produced in Court did not bear chit number stating that a particular cycle belongs to appellant - No identification parade was held to identify appellant -..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 304A, 279-- Rash and negligent driving - Identification of accused - Identification parade not held - No evidence that driver was known to witnesses - Identification of driver by witnesses for first time in Court is of no value - No evidence as to who was driving vehicle - Failure of prosecution to establish..........

Showing : 61-70 of 183 Results