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BOMBAY HIGH COURT

Year of decision: 2017
Details

Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 354, 354A, Protection of Children from Sexual Offences Act, 2012, Section 8, 12 -- Bail - Sexual assault on minor female aged 5 years - Driver of school van committed repeated acts of sexual assault despite warning by mother and grandmother of victim child - Such act of driver amounts to breach of..........

RAJASTHAN HIGH COURT

Year of decision: 2017
Details

Indian Penal Code, 1860, Section 394, 34 -- Robbery - Common intention - Accused convicted as they lotted gold ring, an amount of Rs.150, and a mobile phone from complainant - However, complainant not made to identify the mobile and ring allegedly recovered at the instance of accused - Conviction and sentence of accused u/ss 394, 34 IPC set aside - Accused acquitted...........

RAJASTHAN HIGH COURT

Year of decision: 2017
Details

Indian Penal Code, 1860, Section 384, 342, 34 -- Extortion - Wrongful confinement - Common intention - Accused allegedly extorted complainant for getting promissory notes executed forcibly - Three promissory notes were recovered at the instance of accused - Promissory notes clearly bear signatures of complainant - Accused rightly convicted u/ss 384, 342, 34 IPC - However,..........

ALLAHABAD HIGH COURT

Year of decision: 2017
Details

Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302 -- Dying declaration - Murder - Altercation between deceased and accused about 1-1/2 months ago, which establishes the motive of accused to commit murder - Deceased stated the same facts in his dying declaration, which was categorically stated by PWs - Dying declaration of deceased is well corroborated..........

RAJASTHAN HIGH COURT

Year of decision: 2017
Details

Indian Penal Code, 1860, Section 302, 304B -- Nature of offence - Evidence of two sets of witnesses is on record - One supported the fact that accused gave poisonous tablet to deceased as a result she died and other set of witnesses not supported the said allegation - However, there is ample evidence on record that deceased was subjected to cruelty soon before death in..........

RAJASTHAN HIGH COURT

Year of decision: 2017
Details

Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Age of prosecutrix was 18 years at the time of incident - Prosecutrix denied her medico legal examination at the first instance and after a lapse of 3 months accorded consent for the same - It caused prejudice to the prosecution case - Testimony of victim is most unnatural, improbable and not..........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Indian Penal Code, 1860, Section 494, 493, 495, 496, 420, 506, 376, Information Technology Act, 2000, Section 67A -- Quashing of supplementary charge sheet filed u/s 376 IPC - Wife came to know about factum of earlier marriage of husband/accused in the year 2014 though parties were married in the year 2009 - Complaint lodged after one year of knowledge of previous marriage..........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Indian Penal Code, 1860, Section 325 -- Offence u/s 325 IPC - Quantum of sentence - Once accused is held guilty of commission of offence u/s 325 IPC, then imposition of jail sentence and fine on accused is mandatory - Thus, High Court was not right in setting aside entire jail sentence of accused, while upholding his conviction u/s 325 IPC and substitute it by imposing..........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Indian Penal Code, 1860, Section 325 -- Offence u/s 325 IPC - Quantum of sentence - Period already undergone (40 days) by accused while he was in detention, as under-trial and as convict, can be treated as jail sentence, once awarded to accused u/s 325 IPC - Taking into account time consumed in litigation i.e 37 years coupled with findings of two Courts that accused did..........

RAJASTHAN HIGH COURT

Year of decision: 2017
Details

Indian Penal Code, 1860, Section 302, 34 -- Murder - Inherent contradictions have emerged in prosecution case with regard to role of accused `R' - Though accused `R' was armed with stick but specific injury not attributed to `R' in the Court - Case of accused `R' cannot be distinguished from case of acquitted accused, as injury on eye of deceased has not been attributed to..........

Showing : 2411-2420 of 15734 Results