Showing : 3211-3220 of 14951 Results

SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 157, Indian Penal Code, 1860, Section 302, 34-- Delay in sending FIR to Magistrate - Murder case - Where recording of FIR is proved on record, mere delay of 5 days in dispatch of FIR from the police station to Magistrate Court has no bearing on the basis of which any adverse inference can be drawn, particularly when no questions were put to I.O..........
CALCUTTA HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 417-- Cheating - Rape - False pretext of marriage - First incident was clearly an act of sexual assault perpetrated forcibly against prosecutrix - However, there is uncertainty as to whether subsequent acts of sexual intercourse were consensual or were based on deception played by accused on the pretext..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302, 34-- Murder - Testimony of eye-witnesses - Deceased and accused both belong to same locality - Occurrence was witnessed by several witnesses including eye witnesses who proved prosecution case - All the eye witnesses deposed in one voice regarding presence of accused at the place of occurrence, about..........
CALCUTTA HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 376-- Rape - Reduction of sentence - Trial Court awarded R.I for 3 years u/s 417 IPC and 10 years u/s 376 IPC to run concurrently - Since, conviction u/s 417 IPC is set aside, it would be fair to reduce the sentence for offence u/s 376 IPC to a period of 7 years - Amount of fine however, remains..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302, 324, 148-- Murder - Eye witness - Incident took place in 1999 - Evidence of PW3, alleged eye witness first time recorded in 2004 - Name of PW3 was not mentioned in the list of witnesses - High Court rightly held, that PW3 was not an eye witness to occurrence...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302, 324, 148-- Murder - No eye witness to the incident - Father of deceased who witnessed the incident expired before completion of trial - PW3 an alleged witness rightly discarded by High Court as a planted witness - Testimony of only other witness PW7 is extremely indirect - No evidence on record that accused..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 366A, 420, 370A, 212, 34, 120B, Protection of Children from Sexual Offences Act, 2012, Section 6, 8, Immoral Traffic Act, 1956, Section 4, 5, 6-- Rape of minor girl - Bail - Prosecutrix already examined - Few other material witnesses were yet to be examined - As per record, threats were extended to prosecutrix as well as her family members - Held, High Court should not have granted bail to accused ignoring all the material and substantial..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 366A, 420, 370A, 212, 34, 120B, Protection of Children from Sexual Offences Act, 2012, Section 6, 8, Immoral Traffic Act, 1956, Section 4, 5, 6-- Rape of minor girl - Bail - Granted by High Court - Plea against grant of bail - Supreme Court would normally not interfere with such a discretion, unless it is found that the discretion itself is exercised on extraneous considerations and/or the relevant factors which need to be taken into..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 366A, 420, 370A, 212, 34, 120B, Protection of Children from Sexual Offences Act, 2012, Section 6, 8, Immoral Traffic Act, 1956, Section 4, 5, 6-- Rape of minor girl - Bail - Granted by High Court - Plea against grant of bail - When bail is granted against principles of law, while undertaking the judicial review of such an order, it needs to be examined as to whether there was arbitrary or wrong exercise of jurisdiction by the Court granting..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302, 304(Part II)-- Nature of offence - Accused assaulted his sister in the heat of passion upon certain quarrel and without acting in a cruel or unusual manner - He was unarmed at the relevant time and picked up something which was lying there and handy - Sole eye witness of crime stated that accused had no..........

Showing : 3211-3220 of 14951 Results