Showing : 81-90 of 417 Results

SUPREME COURT OF INDIA
Year of decision: 2017
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20-- Recovery of 7 kg charas - Material contradictions in the testimony of complainant and official witness PW4 regarding search and seizure of contraband - Failing to associate independent witness in such situation creates dent in the prosecution case - High Court failed to appreciate the recovery of..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 323, 504, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x)-- Offence u/ss 323, 504, IPC and S.3(1)(x) of SC/ST Act - Delay of 7 days in lodging FIR not explained by prosecution - Nature of superficial injuries on the mother of first informant, which were opined to be one week old, not produced in evidence - None of independent witness or villager who..........
CALCUTTA HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 302, 498A-- Murder - Cruelty - Accused convicted primarily on the evidence of parents of deceased - However, there is no evidence from any independent witness that parents of deceased were searching of their missing daughter from the date when she was last seen with accused till the date of recovery of dead..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Appeal against acquittal - As per complainant, he advanced friendly loan of Rs.11,30,000/- to accused - However, there is no evidence that complainant has capacity to advance Rs.11,30,000/- or that amount is shown in Income Tax Return - Even, accused stated that complainant..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Evidence Act, 1872, Section 27-- Disclosure statement - There is no requirement that information given by an accused to I.O u/s 27 of the Act leading to discovery of a relevant fact should bear attestation by independent witnesses, as presence of witness at the time of investigation is absolutely impermissible, as it would breach..........
CALCUTTA HIGH COURT
Year of decision: 2017
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C)-- Recovery of 21 kg ganja - Search and seizure - Contraband articles were not shown during trial for identification - Even no such contraband produced before Gazetted Officer or I.O for identification - PW5, who made search and seizure of case, admitted that there was no label on gunny bag..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Railways Act, 1989, Section 123(c)(2), 124A-- Accident - Deceased were ordinarily labourer and it should not be expected that some independent eye-witness will come forward amongst co-passengers to state circumstances under which they fell down from train - Circumstances under which deceased fell down from train were known only to deceased -..........
DELHI HIGH COURT
Year of decision: 2017
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 23-- Recovery of 8.700 kg hashish - Secret information - Parcel destined for Israel recovered at DHL office - None of PWs disclosed as to when and how accused was arrested and by whom - No witness to arrest of accused produced - Various discrepancies regarding recovery of case property - Exact movement..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 302, 34-- Murder - No eye witness to the occurrence - PW1, a child witness not reliable as he made conflicting statements - He only witnessed that deceased was dragged by accused into the fields but not to any assault - Conclusion of trial Court regarding presence of accused for 45 minutes till arrival of..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 302, 148, 149, 201, Evidence Act, 1872, Section 27-- Double murder - Disclosure statement - Recovery of articles - Contention that said recovery on the disclosure statement of accused and in particular the ashes and bones from canal is not possible - However, there is no evidence to prove the fact that canal from where recovery was effected had any..........

Showing : 81-90 of 417 Results