Showing : 7051-7060 of 14365 Results

GUJARAT HIGH COURT
Year of decision: 2011
Details
Prevention of Corruption Act, 1947, Section 5(1)(d), 5(2), Indian Penal Code, 1860, Section 161-- Illegal gratification - Demand and acceptance proved - Failure to explain the presence of anthrecene powder found on the hands of accused - Presumption is required to be drawn against the accused - Failure to rebut the presumption by leading probable defence - Conviction u/s 161 IPC upheld -..........
ORISSA HIGH COURT
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 302,149,147,148,450, Evidence Act, 1872, Section 3,118-- Appellant convicted on the testimony of three eyewitnesses - Appeal - PW2 was child witness and Court itself stated that she lacks power of understanding because of her childhood - Presence of PW1 at the time of incident was doubtful as he himself admitted in his cross examination that he used to..........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 302-- Murder - Circumstantial evidence - Absence of motive - Effect of - Held, in a case where circumstantial evidence is so strong with various other circumstances and the chain of circumstances against accused is so complete as to rule out any hypothesis compatible his innocence despite the motive..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 302,304-- Part I -- Murder - Exception - Burden of proof - Held, obligation to prove an exception lies on an accused - Onus of proof which accused has to discharge is not as strict as in case of prosecution which had to prove its case beyond doubt...........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 498A, 406, Criminal Procedure Code, 1973, Section 177-- Office u/ss 498-A, 406 IPC - Jurisdiction - Statement of complainant that she and her husband were having dowry items jointly at Delhi - Not a case that dowry articles were entrusted to husband at Kota - Wife was beaten at Delhi and her dowry articles were retained at Delhi and not returned..........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Evidence Act, 1872, Section 32, Evidence Act, 1872, Section 32, Evidence Act, 1872, Section 32, Indian Penal Code, 1860, s 34, 302 & 341-- Dying declaration - Absence of certificate of doctor as to fitness of mind of declarant - Does not render dying declaration not acceptable if voluntary and truthful nature of declaration can be otherwise established...........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Evidence Act, 1872, Section 32, Evidence Act, 1872, Section 32, Evidence Act, 1872, Section 32, Indian Penal Code, 1860, s 34, 302 & 341-- Dying declaration - Corroboration - If on careful scrutiny, Court is satisfied that dying declaration is true and free from any effort to induce the deceased to make a false statement and if it is coherent and consistent, there should be no legal impediment to make it a basis of conviction, even..........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Evidence Act, 1872, Section 32, Evidence Act, 1872, Section 32, Evidence Act, 1872, Section 32, Indian Penal Code, 1860, s 34, 302 & 341-- Dying declaration - Principles to be kept in view while dealing with a case of dying declaration : (i) Dying declaration can be the sole basis of conviction if it inspires the full confidence of the Court; (ii) The court should be satisfied that the deceased was in a fit state of mind at the time..........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Evidence Act, 1872, Section 32, Evidence Act, 1872, Section 32, Evidence Act, 1872, Section 32, Indian Penal Code, 1860, s 34, 302 & 341-- Dying declaration - Evidentiary value - Deceased burnt alive - PWs.2 to 6 witnessed death of deceased - Dying declaration made while deceased was conscious - Absence of certificate of doctor as to fit state of mind of deceased - Held, cannot make dying declaration unreliable - Conviction upheld...........
BOMBAY HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 320,482, Indian Penal Code, 1860, Section 307, 498A,323,504,506-- Compounding of offence - Offence u/ss 307, 498-A, 323, 504 & 506 IPC - Parties compromised - S.320 Cr.P.C. does not limit power of High Court u/s 482 Cr.P.C. - S.320 Cr.P.C. is not a bar to exercise power of quashing - Proceedings quashed...........

Showing : 7051-7060 of 14365 Results