Showing : 1241-1250 of 1871 Results

SUPREME COURT OF INDIA
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 376, 366, Criminal Procedure Code, 1973, Section 235-- Conviction u/ss 366 and 376 and accused sentenced to 7 years RI - High Court reduced the sentence to the period already undergone - Court should award proper sentence having regard to the nature of the offence and the manner in which it was committed - Father of victim filed an affidavit before..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 363, 366, 376-- Conviction by trial Court and acquittal by High Court - Conclusions arrived at by trial Court in detail - High Court set aside the conviction by a cryptic and non speaking order - High Court did not discuss the evidence and has not even indicated any basis for departing from conclusions of trial..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 363, 366, 376-- Rape - Age of prosecutrix - Documents placed on record regarding the age of prosecutrix did not relate to her - High Court came to conclusion on the basis of oral evidence and documentary evidence that date of birth of prosecutrix as claimed by prosecution not established - Finding cannot be said..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 376-- Rape - Consent or no consent - Rape on a heap of crushed stone - Medical report shows no injury marks on body of prosecutrix - Prosecutrix stayed at the house of accused for more than 20 days after the incident and remained silent - Held, it is a case of consent - Accused acquitted...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 376, 324, 452-- Rape - Sentence - High Court reduced sentence from 5 years to period already undergone i.e. 5 months 25 days without indicting any reason - Undue sympathy to impose inadequate sentence would do more harm to the justice system to undermine the public confidence in the efficacy of law - Sentence..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 376-- Rape - Reduction in sentence - Court has to record adequate and special reasons in the judgment and not fanciful reasons which would permit the Court to impose a sentence less than the prescribed minimum - Adequate and special reason depends upon several factors - No strait-jacket formula can be..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 376-- Rape - High Court reduced less than prescribed sentence without recording reasons much less any adequate and special reasons for reducing the sentence - Held, High Court was not justified in reducing the sentence below the prescribed minimum...........
RAJASTHAN HIGH COURT
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 376-- Rape - Of two lady labourers in Truck - Offence committed at point of knife - No unreasonable delay in lodging FIR - Age of one 12-14 and of the second 16-18 - In the case of rape there is no need of evidence of any independent witnesses which is to be corroborated by any other evidence -..........
GUJARAT HIGH COURT
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 376(2)(g)- - Gang rape - Contention that petitioner was merely present and he had not indulged in any overt act, provisions of S.376(2)(g) cannot be invoked - Held, on perusal of the provisions of S.376(2)(g), which is with regard to gang-rape, and Explanation 1, it is clear that where a women is raped by one..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 376-- Rape - Age of prosecutrix - As per entry in Birth and Death Register prosecutrix was more than 18 years - In such a case reliance cannot be placed on statement of parents of prosecutrix or school leaving certificate or medical evidence...........

Showing : 1241-1250 of 1871 Results