Showing : 891-900 of 5649 Results

SUPREME COURT OF INDIA
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 302, 148, 149, 201-- Double murder - Non-examination of independent witness - Not fatal to prosecution case as: (i) no such argument was advanced before two Courts below; (ii) incident took place during midnight when villagers were fast sleep; (iii) no evidence that near the place of incident there were many houses;..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 302, 148, 149, 201-- Double murder - Appeal against conviction - Supreme Court being last Court of appeal, does not re-visit and re-appreciate the entire oral evidence de novo in its jurisdiction u/art.136 of Constitution, unless there are strong and prima facie reasons to point out that there is apparent legal and..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 302, 148, 149, 201-- Double murder - Testimony of Eye witness - Accused allegedly murdered mother and her unmarried daughter, burnt their bodies in house and carried the remains of dead bodies and ashes in a cart driven by tractor to an unknown place - Eye witness PW9 is real sister of deceased/mother narrated the..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302, Explosive Substances Act, 1908, Section 3, 4, Evidence Act, 1872, Section 8-- Murder - Circumstantial evidence - Appreciation of evidence - Motive - It is evident from letters that accused has reconciled to inevitability of divorce, therefore, only admissible evidence which remains against accused is motive, which itself is negated from readings of said letters - Thus,..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302, Explosive Substances Act, 1908, Section 3, 4, Evidence Act, 1872, Section 3-- Murder - Circumstantial evidence - Appreciation of evidence - As per prosecution, accused caused death of deceased by explosive device of hand grenade - There is no evidence on record that accused have procured or have access to POK hand grenades as categorically proved by PWs - Even, accused was..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302, Explosive Substances Act, 1908, Section 3, 4, Evidence Act, 1872, Section 3-- Murder - Circumstantial evidence - Appreciation of evidence - As per prosecution, accused caused death of deceased by explosive device of hand grenade - PW-75 has led no evidence of any special knowledge gained by accused except for three days stint with Godrej, a company which manufactures..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376(2)(f), 506-- Delayed FIR - Rape of minor girl aged 9 years by her uncle - Delay of 3 days in lodging FIR by PW1 after eliciting information from her daughter - Inconsequential as it is not easy to lodge complaint of this nature exposing prosecutrix to risk of social stigma, particularly when accused happens to..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 376(2)(f), 506-- Rape of minor girl aged 9 years by her uncle - Delay in reporting the matter to police - Not fatal where prosecutrix was threatened not to disclose the incident to anybody, more particularly, a nine year old child after undergoing traumatic experience and inflicted with threats, would be frozen..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 376(2)(f), 506-- Rape of minor girl aged 9 years by her uncle - Prosecutrix raised screams but her mouth was gagged - She remained confined in the room for about 9-10 minutes - Said confinement was insignificant and not noticed by other family members - Doctor who examined prosecutrix stated that she was sexually..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 25-- Dying declaration - Murder - Deceased died 10 days after the incident after recording his dying declaration by Inspector - There was no need to record another statement of deceased during intervening period of 10 days, particularly when statement of deceased recorded after due procedural care and..........

Showing : 891-900 of 5649 Results