GAUHATI HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 302, 394, 32-- Murder - Robbery - Circumstantial evidence - Allegation that accused murdered the deceased and stole his car and was arrested when they met with an accident - Two circumstances emerging from the evidence i.e recovery of dead body and finding the accused with others inside the vehicle - However,..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 364A-- Abduction for ransom - Prosecution has to prove by reliable evidence that abduction was done for the purposes of demand of ransom to constitute an offence u/s 364-A IPC...........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 364A-- Abduction for ransom - Demand of ransom not proved on record by PW1/son of victim - Charges against accused not proved on record, as informant stated to have identified only two accused and not other accused and that too in Court - No proper identification had taken place - Eye witnesses turned..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 302, 307, Arms Act, 1959, Section 27-- Murder - Long standing land dispute between parties - Accused due to said dispute in order to teach lesson to complainant party attacked them with deadly weapons - Evidence of PW7 an injured eye witness coupled with other independent witnesses supported prosecution case - Medical evidence..........
DELHI HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 347, 365, 323, 368, 34-- Offence u/ss 347, 365, 323, 368, 34 IPC - Testimonies of PWs - PWs 1 and 2 made improvements in their statement from their statement recorded by police including variations from complaint, which forms basis of registration of FIR - Variations in relation to material particulars in the testimony of..........
DELHI HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 178, 179, 184, Indian Penal Code, 1860, Section 120B, 419, 420, 467, 468, 471, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Passport Act, 1967, Section 12-- Territorial jurisdiction - Criminal conspiracy - Cheating and forgery - Some offences were committed in India and some outside India - Cause of actions thus, arose both in India and outside India - Offences committed in each jurisdiction were not part of offences or part ingredient of offences but..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 411, 465, 467, 468-- Quashing of FIR - Cheating - Property dispute - Sale deed in question executed by accused in favour of complainant`s wife and she further executed same in favour of third party - Title was clear - No case of misrepresentation - Contention of complainant that some loss has occurred due to sale of..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 307, Arms Act, 1959, Section 27-- Attempt to murder - Reduction of sentence - Incident occurred 34 years ago - A2 is 80 years of age - Sentence of 7 years R.1 of A2 modified to that already undergone by him...........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 504, 506-- Anticipatory bail - Rape - Promise of marriage - Prosecutrix a young educated girl consented to have sexual intercourse with accused on the promise of marriage - She being fully aware of consequences of having sexual intercourse with a man before marriage - Promise to marry cannot be said to be an..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A, Indian Penal Code, 1860, Section 376-- Juvenile - Rape - Offence u/s 376 IPC committed on more than one occasion - Juvenility has to be seen when last of such incidents had occurred...........