Showing : 3071-3080 of 14757 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 279, 337, 338-- Rash and negligent driving - Accident occurred when vehicle/truck in question suddenly went off the road and fell into 150 feet deep gorge, as a result many people, travelling in the truck sustained injuries and some of them died on the spot - More than 80-90 people were travelling in the vehicle..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 279, 337, 338, Probation of Offenders Act, 1958, Section 4(b)-- Rash and negligent driving - Benefit of probation - Rash and negligent driving on the part of accused not proved on record - However, action of accused in allowing 80-90 persons to board in ill fated truck suggests that he was negligent - Truck was also not in a good condition - Benefit of..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 498A, 323, Probation of Offenders Act, 1958, Section 4-- Offence u/ss 498-A, 323 IPC - Benefit of probation - There is no minimum sentence prescribed u/ss 498-A, 323 IPC, thus provisions of P.O. Act applies to the same...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302, 304-- Nature of offence - Incident occurred on the spur of moment and in an uncontrollable, embittered and agitated state of enragement, thus, depriving accused of their power of self control - There was no pre-mediation or prior concert on the part of accused to commit murder of deceased - Though..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 304-- Offence u/ss 304 Part-I, 147, 148, 149 IPC - Reduction of sentence - Incident occurred in the year 1982 and as on date, more than three decades have passed - Accused do not have any criminal background - Even deceased and accused descend from a common ancestor - Sentence reduced from 10 years R.I..........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 342, 363, 366, 372, 373, 376, 34, Protection of Children from Sexual Offences Act, 2012, Section 4, 8, 12-- Bail - Case of trafficking under garb of marriage - Applicant and his agent took advantage of economic stringency of mother of complainant and had found them vulnerable and cheated complainant and ruined her life forever - Prima facie evidence on record is against applicant - Applicant does not..........
CALCUTTA HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 417-- Cheating - Rape - False pretext of marriage - First incident was clearly an act of sexual assault perpetrated forcibly against prosecutrix - However, there is uncertainty as to whether subsequent acts of sexual intercourse were consensual or were based on deception played by accused on the pretext..........
CALCUTTA HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 376-- Rape - Reduction of sentence - Trial Court awarded R.I for 3 years u/s 417 IPC and 10 years u/s 376 IPC to run concurrently - Since, conviction u/s 417 IPC is set aside, it would be fair to reduce the sentence for offence u/s 376 IPC to a period of 7 years - Amount of fine however, remains..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302, 34-- Delayed FIR - Murder case - Offence committed at around 4-5 p.m - Registration of FIR at police station between 7.30 to 8.00 p.m. - No reason to draw adverse inference, particularly when after occurrence, deceased was taken to nearby nursing home where he was declared dead and body remained there..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 157, Indian Penal Code, 1860, Section 302, 34-- Delay in sending FIR to Magistrate - Murder case - Where recording of FIR is proved on record, mere delay of 5 days in dispatch of FIR from the police station to Magistrate Court has no bearing on the basis of which any adverse inference can be drawn, particularly when no questions were put to I.O..........

Showing : 3071-3080 of 14757 Results