Showing : 1-10 of 187 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 302, 120B-- Murder - Gun shots injuries - Non-recovery of empties of fired cartridges - Any act of commission/omission of I.O cannot go to advantage of accused - But in present case where FIR is said to have been registered within half an hour of occurrence and investigation also commenced and no reason found..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 302, 120B-- Murder - Gun shots injuries - Non-recovery of empties of fired cartridges - Material pieces of evidence like empties were lost, but this vital omission not explained by prosecution - Factum assumes importance particularly, in view of fact that FIR is alleged to have been registered promptly at..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 302-- Murder - Non-examination of person who translated FIR from Bengali to Nepali Version - FIR was only in respect of information of death - I.O carried investigation de hors version given by informant in FIR - Non-examination of said person does not create any doubt on prosecution case...........
ORISSA HIGH COURT
Year of decision: 2019
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), Criminal Procedure Code, 1973, Section 482-- Offence u/s 3(1)(x) of SCST Act - Quashing of FIR - Use of word `Harijan' in speech - Nothing in FIR that persons named therein were present in such meeting - Govt. notification of the year 2012 to ensure the non use of the word `Harijan' is meant for official communication and transaction - By..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 7, 8-- Sexual assault - Non-recovery of key and jug - Case of prosecution is that accused told prosecutrix to get hot water from kitchen and gave her keys and jug and accused followed her and committed the offence - Allegations in FIR is with regard to touching of private parts of prosecutrix by accused..........
ORISSA HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42-- Recovery of 2 kg ganja - Secret information - Non-compliance of S.42 of the Act - PW13 neither stated that information entered in station diary nor same was intimated to superior officer - Relevant station diary not proved during trial nor abstract of same exhibited - Even though in FIR, it is..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 157-- Delay in forwarding FIR to Magistrate - Non-compliance of S.157 Cr.P.C - Obligation is on I.O. to communicate report to Magistrate - Delay in submitting report is always taken as a ground to challenge the veracity of FIR and day and time of lodging FIR - But mere delay in sending report itself..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 157-- Delay in forwarding FIR to Magistrate - Non-compliance of S.157 Cr.P.C - On delayed dispatch of FIR, some prejudice have to be proved by accused - Prejudice which sought to be projected by accused is that in FIR names of only 7 accused were mentioned but in report sent to Magistrate there were 10..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- Recovery of 12 kg of poppy husk - Reduction of sentence - Non-commercial quantity - FIR pertains to the year 2002 - Accused is facing litigation since then and has never misused the concession of bail granted to him during trial as well as during pendency of appeal as it is apparent from custody..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50-- Recovery of 170 gms intoxicating powder - Non-compliance of mandatory provision of S.50 of the Act - Accused not produced at the time of arrest before Magistrate or Gazetted Officer - Though consent memo shown to have been signed by accused discloses that he does not wish to be searched in front..........

Showing : 1-10 of 187 Results