Showing : 61-70 of 205 Results

ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376, 323, 504, 506-- Delayed FIR - Rape case - Informant stated that he moved a written application but his report was not lodged - Even prosecutrix and her mother also stated that they went to police station to lodge report but her report was not lodged - However, neither copies of such application nor copies of such..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 376, 323, 504, 506-- Rape - Testimony of victim - Prosecutrix changing her version again and again which makes her testimony unreliable and unworthy of credence - Even medical evidence does not support prosecution version - Statement of all PWs are unreliable, improbable and contradictory to each other - Prosecution..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 504, 506, 452-- Quashing of proceedings - Summoning of accused - Offence u/ss 323, 504, 506, 452 IPC - Magistrate while passing summoning order neither made any discussion of facts nor considered as to what overt act allegedly committed by accused - Impugned order of summoning accused clearly lacks reflection of..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 376, 323, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v)-- Rape of married woman - Accused allegedly committed rape upon prosecutrix on the point of country made pistol - Caste derogatory words also used against prosecutrix and his family in case any action is taken - However, medical evidence shows that three injuries were found in the body of victim but..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Evidence Act, 1872, Section 3, Indian Penal Code, 1860, Section 302, 307, 147, 148, 149, 504-- Triple murder - Non-examination of injured witness - Injured witness was not examined as he was kidnapped at the relevant period - Non-examination of injured witness, held, not fatal to prosecution case and same cannot be a ground to disregard the evidence of eye witnesses...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Evidence Act, 1872, Section 3, Indian Penal Code, 1860, Section 302, 307, 147, 148, 149, 504-- Triple murder case - Non-examination of independent witness - Entire case of prosecution cannot be discarded merely on the ground of absence of independent witness, as long as evidence of eye witness, though interested is trustworthy...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302, 307, 147, 148, 149, 504-- Triple murder case - Discrepancies in the evidence of eye witness - Evidence of PW1, an eye witness, who lost his three sons in fateful incident was consistent and there is no major deviations or discrepancies in his evidence - Any minor discrepancies in the evidence of PW1 due to long gap between..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302, 307, 147, 148, 149, 504-- Triple murder case - Death sentence - Trial Court awarded death sentence to accused on the ground that accused were guilty of committing cruel and heinous offence - Reasoning given by trial Court, does not convince that case comes under the rarest of rare category, which warrants penalty of death..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 504, 506-- Bail - Offence u/ss 307, 504, 506 IPC - Statement of victim categorically implicates that accused is the author of firearm wound received by him, which is on the most vital part of the body abdomen - Medical evidence supported version of victim - It is immaterial that a person who brought victim..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302, 84, 504-- Murder - Plea of insanity by accused - Performance of Pooja and preparation of tea immediately after committing murder by accused, would be relevant factor in holding that accused was not unsoundness of mind at the time of incident, particularly when there is no evidence adduced by accused to show..........

Showing : 61-70 of 205 Results