Showing : 11-20 of 51 Results

DELHI HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 448, 341, 380, 34-- Trespass and theft - Specific allegations levelled in FIR that petitioners trespassed into portioned premises under occupation of complainant in her absence and stole goods lying there - Merely because petitioners claim that they were in possession of some portion of same premises would not mean..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 380, 381, 457, 411, Evidence Act, 1872, Section 25-- Quashing of FIR - Theft - Confession of co-accused - Petitioner named by co-accused in his disclosure statement - No recovery has been effected from petitioner - Even otherwise, confession made by accused in police custody is inadmissible in evidence in view of S.25 of Evidence Act - More so,..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 302, 380, 34-- Murder - Accused proved to be present on the scene of crime, as finger print completely matched with specimen of accused - Although recovery happened after date provided in Malkhana Register, it does not affect the factum of seizure of shirt and other incriminating articles found with accused, as..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 380, 454-- Bail - Challan against accused has been filed in Court, however, charge is yet to be framed - Accused not named in FIR and recovery has already been effected partially after arrest that accused in judicial custody and offences are triable by Court of Judicial Magistrate and trial is at preliminary..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 457, 380-- Offence u/ss 457, 380 IPC - Three different stories regarding recovery of articles on record - Whole prosecution story based on recoveries made from accused but no recoveries proved as per law nor it was established that recovered goods were same which were stolen - Prosecution failed to discharge..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 460, 380-- Offence u/ss 460, 380 IPC - Circumstantial evidence - Last seen evidence - All the witnesses of last seen theory not supported prosecution story and they had been declared hostile by prosecution - Theory of last seen not proved against accused...........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 460, 380, Evidence Act, 1872, Section 9-- Offence u/ss 460, 380 IPC - Circumstantial evidence - Test Identification Parade (TIP) - Two witnesses of TIP not supported prosecution case and declared hostile - Even TIP held quite late - Magistrate in whose presence TIP was held, not examined - This is a material lacuna on the part of..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 460, 380-- Offence u/ss 460, 380 IPC - Circumstantial evidence - Recovery of various articles - Joint recovery was made from both the accused regarding sack, handkerchief and pickaxe - Witnesses of recovery declared hostile - No blood stains were found on said articles - Seals of articles intact or not..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 302, 380, 411-- Murder - Theft - Circumstantial evidence - Accused convicted as following circumstances proved against him: (i) Accused came to the house of deceased and stayed there in the intervening night of occurrence; (ii) deceased was last seen with the accused in the fateful night; (iii) on the next..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 420, 448, 457, 380, Criminal Procedure Code, 1973, Section 482-- Cheating - Quashing of FIR - Respondent no.4 purchased the flat in an auction from Bank for which sale certificate is issued in his favour - Physical possession of said flat is also given to respondent no.4 - Respondent no.4 also filed a civil suit for restoring the possession of said flat against..........

Showing : 11-20 of 51 Results