Showing : 61-70 of 177 Results

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..........
KERALA HIGH COURT
Year of decision: 2013
Details
Criminal Trial -- Identification of accused - Held, there is no inflexible rule that an identification made for the first time in Court has to be always ruled out for consideration...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 376-- Gang rape - Conviction - Validity - Prosecutrix, married woman, overpowered by several men before she was raped - She was obviously not in a position to resist and to fight several men, who had threatened her with death in case she cried out - Evidence on record clearly discloses presence of semen..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2013
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18-- Recovery of contraband - Acquittal - Validity - Accused persons ran away on seeing police but overpowered by witnesses - On being searched, nine and five small packets containing charas recovered from accused No.1 & No.2 respectively - NCB Form, required to be prepared in triplicate, was not..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Evidence Act, 1872, Section 9-- Test identification parade - Necessity - Witnesses did not know accused earlier - Held, accused could be identified only through a test identification parade - It is rather impossible to identify accused person when he is produced for first time in Court i.e. after ten years since he was unknown..........

Showing : 61-70 of 177 Results