Showing : 1-10 of 437 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 354, 511, 376-- Offence u/ss 354, 511, 376 IPC - Accused forcibly entered the house of prosecutrix in a drunken state and using criminal force lifted her petticoat despite her repeated resistance - Statement of prosecutrix was corroborated by her daughter, who is an eye witness to incident, husband of prosecutrix..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20-- Recovery of 20 gms charas - Secret information - Non-joining of independent witnesses - Despite sufficient time and prior information, no serious effort was made to involve public witness in the process of search and recovery - Non-joining of independent witness in such situation makes whole..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c)-- Recovery of 1 kg 400 gms charas - Non-joining of independent witnesses - Existence of nearby residential locality - However, no efforts were made by patrolling party to join any independent witness in the proceedings - Prosecution thus, failed to prove guilt of accused beyond shadow of doubt...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22-- Recovery of 45 grams intoxicant powder - Non-joining of independent witness - No effort was made by I.O or any other police officer to join any independent witness - I.O did not verify from accused as to from where he had procured intoxicant powder - There is no entry in register regarding sending..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- Recovery of 1 Qtl. 20 kg chura poppy heads - Accused acquitted as : (i) Presence of DSP at the spot highly doubtful as this witness is not examined in Court and except for the recovery memo, he has not signed any other document; (ii) Presence of independent witness at the spot also doubtful; (iii)..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 31-- Recovery of 10 kgs opium - Non-joining of independent witness - Accused apprehended as he stepped out of his house at 6.40 A.M. - It is difficult to believe that in a rural residential locality, police were unable to find a single independent witness - Even, no name of any person is mentioned who..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- Recovery of poppy straw - Recovery effected from car which was found struck in fields after having met with an accident with tractor - Material contradictions regarding quantity of contraband recovered from car - No recovery effected from possession of accused - `S' who is alleged to report an..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(2)-- Recovery of 2 kg charas - Two lady accused sitting in compartment of Train found in possession of charas - Accused searched at platform - They failed to show any license for the same - No infirmity in the evidence of PW2, independent witness - Non-mentioning of child of accused in recovery memo..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 307, 195, 211, 120B, Arms Act, 1959, Section 25, Evidence Act, 1872, Section 27-- Attempt to murder - Disclosure statement - Recovery of pistol - Pistol alleged to have been used in the crime was recovered from open space which is accessible to all - This fact in pursuance of disclosure statement of accused `S' is not acceptable as at the time of alleged recovery, no..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 307, 195, 211, 120B, Arms Act, 1959, Section 25, Evidence Act, 1872, Section 27, 26-- Attempt to murder - Confessional statements - Accused implicated in the case on basis of confessional statements - However, no independent witness was either joined in investigation or examined in evidence - Except confessional statements of accused, there is no other source available on record..........

Showing : 1-10 of 437 Results