Showing : 3461-3470 of 14866 Results

SIKKIM HIGH COURT
Year of decision: 2016
Details
Protection of Children from Sexual Offences Act, 2012, Section 5, Indian Penal Code, 1860, Section 375-- Rape - Victim below 12 year of age - Semen was found on victim undergarment, wearing apparels as well as the undergarment of accused and penile swad of accused - No further evidence is required to establish that the offence was indeed commited by the accused - Conviction upheld...........
SIKKIM HIGH COURT
Year of decision: 2016
Details
Protection of Children from Sexual Offences Act, 2012, Section 5, Indian Penal Code, 1860, Section 375-- Rape - Victim below 12 year of age - Slightest degree of penetration of vulval by penis with or without emission of semen is sufficient to constitute the offence - Conviction upheld...........
CHHATTISGARH HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3-- Murder - Circumstantial evidence - Accused killed his wife and infant son by setting them on fire - No witness that both deceased and accused were last seen together - No evidence regarding extra judicial confession - PW2 turned hostile - No evidence on record by which accused can be held..........
CHHATTISGARH HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3-- Murder - Circumstantial evidence - In absence of any other admissible evidence, mere presence of smell of kerosene on shirt of accused and on other seized articles, not sufficient for holding accused guilty...........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 399, 402, Arms Act, 1959, Section 25-- Dacoity - Secret information - Allegation that accused persons assembled together in the grove of guava and were planning to commit dacoity in the house of pradhan of village - However, neither any firing was done by miscreants assembled with deadly weapons nor person whose residence dacoity was..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 395, Evidence Act, 1872, Section 9-- Dacoity - Test Identification Parade (TIP) - Accused convicted only on the basis of TIP - TIP was held after two months of incident, but delay was not explained - More so, TIP held in jail, which is not substantive piece of evidence - Moreover, accused were known to witnesses - Neither injury was..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 304A, 287, 336-- Quashing of FIR - Death due to rash and negligent act - Out of Court settlement - Alleged offences are no, compoundable offences and it is not expedient in the ends of justice to quash FIR on the basis of out of Court settlement, as out of Court settlement is not per se admissible and same would..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 304B-- Dowry death - Deceased died within 7 years of her marriage - However, cause of death not ascertained, as post-mortem of deceased not performed - Statement of father of deceased, about death of deceased is based on hearsay and speculations, as he admittedly not seen the dead body of deceased - In..........
DELHI HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 376(2)(g)-- Gang rape - Prosecutrix attributed specific role to each of accused in her statement, that accused `N' held her legs so that she could not escape and ravished by accused `M' and accused `S' caught hold her hands and gagged her mouth - She resolutely stuck to her version of sequence of events that..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4-- Dowry death - Order taking cognizance - Quashing of order - Court while exercising jurisdiction u/s 482 Cr.P.C., cannot judge veracity, reliability and truthfulness of alleged dying declaration - At this stage only prima facie case is to be seen - Moreover, applicants have got a right of discharge..........

Showing : 3461-3470 of 14866 Results