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SUPREME COURT OF INDIA

Year of decision: 2015
Details

Indian Penal Code, 1860, Section 364A -- Kidnapping for ransom - Expression `any other person' appearing in S.364-A IPC must be understood as referring to `person' as defined in S.11 IPC - It cannot be restricted to mean `Government' or `foreign State' or `international inter-governmental organizations' only...........

SUPREME COURT OF INDIA

Year of decision: 2015
Details

Indian Penal Code, 1860, Section 364A, 302 -- Kidnapping for ransom - Murder - Victim kidnapped for ransom and thereafter done to death - Accused persons held guilty not only u/s 364-A IPC but for murder punishable u/s 302 IPC - Sentence of death awarded to accused is just, fair and reasonable even by standard of rarest of rare cases, evolved and applied by Court -..........

RAJASTHAN HIGH COURT

Year of decision: 2015
Details

Indian Penal Code, 1860, Section 420 -- Cheating - Agreement to sell - Payment of advance amount - Sale of land to third party at a much higher price and that accused/vendor was not in possession of property - No material on record that complainant took steps for execution and registration of sale deed after paying rest of the amount - In absence of such evidence no..........

RAJASTHAN HIGH COURT

Year of decision: 2015
Details

Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - Paramount ingredient of offence u/s 406 IPC is that there wasentrustment of property with accused and he having dominion over such property dishonestly misappropriated or converted that property for his own use...........

RAJASTHAN HIGH COURT

Year of decision: 2015
Details

Indian Penal Code, 1860, Section 406, Criminal Procedure Code, 1973, Section 482 -- Criminal breach of trust - Agreement to sell - Payment of advance amount - Sale of land to third party - Payment of advance is not entrustment or that accused had dominion over it in any manner on behalf of the complainant - No offence u/s 406 IPC is made out - FIR to that extent quashed...........

RAJASTHAN HIGH COURT

Year of decision: 2015
Details

Indian Penal Code, 1860, Section 420 -- Cheating - To constitute an offence of cheating intention to deceive should be in existence at the time of inducement -Mere failure to keep up promise subsequently cannot be presumed to be cheating - Subsequent conduct of accused is relevant to infer that whether he had fraudulent or dishonest intention at the inception i.e when the..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2015
Details

Indian Penal Code, 1860, Section 376, 354 -- Rape and criminal intimidation - Accused can be convicted on sole testimony of prosecutrix - However, implicit reliance on sole testimony of prosecutrix can only be placed in event of testimony is credible and trustworthy - In order to gauge the testimony of prosecutrix on oath before trial court to unearth the truth qua the..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2015
Details

Indian Penal Code, 1860, Section 376, 354, Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal -When genesis of prosecution version gets submerged in a taint of falsehood, as a corollary then, courts would obviously be inclined to not construe version rendered by prosecutrix qua the genesis of occurrence to be trustworthy or credible - Effect of falsity..........

SUPREME COURT OF INDIA

Year of decision: 2015
Details

Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Two ingredients are essential to prove the offence i.e : (i) death should be suicidal in nature; (ii) there must be abetment thereof...........

SUPREME COURT OF INDIA

Year of decision: 2015
Details

Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Reduction of sentence - Accused convicted and sentenced to undergone R.I of 3 years by trial Court - High Court reduced the sentence to period already undergone i.e 4 months and 20 days, on the ground that accused belonged to weaker section of society and first offender - Once the offence u/s 306 IPC is proved,..........

Showing : 4991-5000 of 15734 Results