Showing : 11-20 of 437 Results

CALCUTTA HIGH COURT
Year of decision: 2019
Details
Protection of Children from Sexual Offences Act, 2012, Section 6, Indian Penal Code, 1860, Section 342-- -Penetrative sexual assault - When version of victim and her mother with regard to penetrative sexual assault receives corroboration from medical evidence, no, examination of independent witness, if any does not affect credibility of prosecution case...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 279, 337-- Accident - Rash and negligent driving - No specific evidence led on record by prosecution to prove rash and negligent driving by accused - Merely bald statement if any of complainant which was otherwise not supported by PW2 is not sufficient to conclude rash and negligent driving if any by accused..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22-- Recovery of 1800 ml of intoxicant liquid containing codeine phosphate salt - Non-joining of independent witness does not make prosecution case doubtful - However, when there are number of discrepancies, it was incumbent upon I.O at least to make effort to join independent witness - Since, no..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 302, 34-- Murder - Circumstantial evidence - No eye-witness - Land dispute - Depositions of prosecution witnesses which stood rigour of cross-examination clearly support prosecution version and establishes enmity between accused and deceased - Said fact supported by PW1's last seen evidence, her prompt..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 489C, Evidence Act, 1872, Section 3-- Offence u/s 489-C IPC - Appreciation of evidence - Alleged recovery was effected from busy place still no independent witness was joined by I.O. and no explanation has come forward on this point - Even, there is no complaint to I.O. that accused had gone to use said currency notes or they had made..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 302-- Murder of six persons out of seven family members - Testimony of eye witness - PW5 was also thrown into canal by accused along with deceased persons - However, PW5 survived and came out of canal with the help of an iron bar in canal - Accused was last seen together with three deceased persons and..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 302, 34-- Murder - Common intention - Dispute regarding supply of water - All PWs are interested witnesses being members of same family living in front of family of accused having their civil dispute pending for a long time - FIR was registered at the instance of accused against complainant party and that..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 379, 427, 447, 504, 506, 149-- Offence u/ss 379, 427, 447, 504, 506, 149 IPC - Property dispute between parties and civil suit pending in regard to said dispute - No cogent evidence on record to indicate possession of complainant over land - Entire case of unlawful cutting of crop thus, rendered doubtful - No independent..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(ii)(c)-- Recovery of charas - First independent witness/PW5 signed search and seizure documents but turned hostile - However, PW5 was duly confronted u/s 145 of Evidence Act, with his earlier statements to contrary u/s 161 Cr.P.C and did not deny his signatures - No prejudice on that account thus,..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(ii)(c), Criminal Procedure Code, 1973, Section 100(4)-- Recovery of charas - Non-compliance of S.100(4) Cr.P.C - Second independent witness was present on the date to depose but examined on another date on objection from defence side - Witness did not appear subsequently as won over by accused - No material on record to conclude that witness was..........

Showing : 11-20 of 437 Results