Showing : 11-20 of 69 Results

RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 468(2), 473-- Offence u/ss 323, 447, 34 IPC - Limitation - Challan presented after expiry of limitation - No cogent explanation for the delay - Application u/s 468(2) Cr.P.C. allowed...........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 423, 464, 471, 447, 427, 120B-- Quashing of FIR - Agreement to sell - Not honoured - FIR used only as a mode to execute the agreement in question - On the face of it, FIR does not constitute the offence u/ss 120-B, 418, 420, 423, 464, 471, 447 & 427 IPC - FIR with all consequential proceedings, quashed...........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 447-- Criminal trespass - To constitute offence of criminal trespass there must be peaceful and lawful possession - Both complainant and accused are in possession of certain contagious portion of big chunk of land, but not in peaceful possession of the same - Offence u/s 447 IPC not made out against..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 447, 427, 34-- Offence u/ss 447, 427, 34 IPC - Civil and criminal dispute - Quashing of FIR - Petitioner along with other persons trespassed in the agricultural land of complainant and destroyed the property over there - Police after thorough investigation found involvement of petitioner in the commission of..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 435, 427, 447, 342-- Witness in cross examination confronted with statement recorded u/s 161 Cr.P.C. - There are substantial improvements from version recorded by police - Trial Court did not appreciate statement in light of earlier statement recorded by police - Trial Court also overlooked the discrepancy and..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(v), (x), (xi), 2(4), Indian Penal Code, 1860, Section 303, 354, 527, 447-- Offence u/ss 3(1)(v),(x),(xi), 2(4) of SC/ST Act and Ss.303, 354, 527, 447 IPC - Order taking cognizance - Quashing of FIR - Caste of complainant is `Garuda' as SC, which is mentioned/enlisted in the notification issued by State Government - No Court is empowered to alter or amend Notification..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(5), 3(1)(x), Indian Penal Code, 1860, Section 447-- Utterance of caste derogatory words - Utterance that PW1 belongs to lower caste - PW1 did not state as to specific words uttered regarding caste - No allegation levelled that accused tried to dispossess - Contradiction in the statement of PW1 and PW2 - Specific stand was taken by accused that PW1..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 376, 447-- Rape of minor girl - Unexplained delay of 8 days in lodging FIR - Medical evidence shows that prosecutrix was 14 years of age at the time of incident - No external or internal injuries present upon body of prosecutrix - Prosecutrix stated her age as 12 years and also stated that she raised cries..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 325, 447-- Offence u/ss 325, 447 IPC - Evidence of PWs proves beyond reasonable doubt that accused assaulted PW2 with blunt side of a dao weapon causing fracture of left side ribs - Absence of independent witness, non seizure of dao weapon and absence of medical report, does not affect conviction of accused..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 325, 447-- Offence u/ss 325, 447 IPC - Reduction of sentence - Keeping in view the serious nature of offence, sentence cannot be reduced as imposed by High Court - However, ends of justice would be met if sentence u/s 325 IPC modified from sentence of R.I for 6 months to sentence of S.I for 6 months...........

Showing : 11-20 of 69 Results