Showing : 31-40 of 134 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67-- Pilfering 10 kgs of heroine from Malkhana - Confession - Statement of accused recorded during an inquiry has to be read alongwith S.35A of NDPS Act as sufficient to enable the prosecution to prove culpability of accused without having to prove mens rea which is even otherwise writ large on the..........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 306-- Abetment of suicide - In order to convict a person u/s 306 IPC, there has to be clear mens rea to commit the offence - It also requires an active or direct act which led the deceased to commit suicide seeing no option and that act must have been intended to push the deceased into such a position..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 365-- Kidnapping of minor aged 4 years - Reduction of sentence - Motive not proved by prosecution - It has not been proved on record that whether child was kidnapped for ransom or in order to settle some old enmity - In the absence of mens rea, lenient view should be taken by Court while sentencing..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 363, 376, 506, 509-- Kidnapping and rape - Accused lured the prosecutrix on the pretext of repaying the loan taken by him from her mother and took her to a secluded place, where he committed rape upon her - Age of prosecutrix was admittedly less than 18 years while age of accused is 33 years - Accused not only..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Prevention of Corruption Act, 1988, Section 13(1)(c), 13(1)(d), Indian Penal Code, 1860, Section 409, 468, 471, 120B- - Bank Manager of Public Sector Bank - Unauthorized conversion of public funds to private funds of an individual - Diversion of public funds by accused amount to criminal breach of trust by committing forgery/use of forged documents as well as offence under provisions of Corruption Act - It is not..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 420-- Essential ingredients of the provision of S.420 IPC are: (i) cheating; (ii) dishonest inducement to deliver property or to make, alter or destroy any valuable security or anything which is sealed or signed or is capable of being converted into a valuable security, and (iii) mens rea of the accused..........
CALCUTTA HIGH COURT
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 326, 307-- Complaint u/ss 326 & 307 IPC - These two sections cannot be used simultaneously to convict a person - Although punishment u/ss 326 & 307 IPC is similar but offence is not the same - In the instant case, offence related to victim being shot in right shoulder - Victim was hospitalized for about 20..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 420-- Cheating - Ingredients to attract S.420 IPC: (i) Cheating; (ii) dishonest inducement to deliver property or to make, alter or destroy any valuable security or anything which is sealed or is capable of being converted into a valuable security and (iii) mens rea of accused at the time of making the..........
BOMBAY HIGH COURT
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 299, 302-- Nature of offence - Accused stabbed his wife with knife in the abdomen causing her dangerous injuries which resulted in her death after 8/9 months - Probable cause of death was multi-organ failure by cutting of whole of small intestines and removal of same by means of knife - There was direct..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Electricity Act, 2003, Section 135, 126-- Theft & unauthorized use of electricity - Difference - Mens rea or criminal intent is necessary for prosecution of theft u/s 135 of the Act - But for unauthorized use, an assessment u/s 126 of Act, no such intent is required to be proved...........

Showing : 31-40 of 134 Results