Showing : 771-780 of 8174 Results

RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 376(2)(f), 302, 201-- Rape and murder of minor girl aged 9/10 years - Circumstantial evidence - Accused was not last seen with deceased - FSL report does not support prosecution version that Goodari or pant of accused or salwar and underwear of deceased was recovered stained with semen and blood - More so, mother of..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Prevention of Money Laundering Act, 2003, Section 45, Constitution of India, 1950, Article 14, 21-- Constitutional validity of S.45 of PML Act - S.45 of the Act is drastic provision which turns on its head presumption of innocence which is fundamental to person accused of offence - Such provision compels State interest for tackling serious crime - Even, absent of any such compelling State..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 302, 304-- Nature of offence - Occurrence took place all of a sudden in a spur of moment, while accused and deceased were consuming liquor - There is no pre-mediation and pre-determined motive or enmity between parties - Accused held, guilty of offence u/s 304(Part I) IPC - Conviction of accused u/s 302 IPC..........
PATNA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 482, 320-- Quashing of criminal proceedings - Offence u/s 498-A IPC and S.4 Dowry Prohibition Act - Divorce between parties - Criminal prosecution can continue...........
PATNA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of proceedings - Offence u/s 498-A IPC and S.4 Dowry Prohibition Act - Divorce between parties - Does not wipe out consequences of criminal prosecution, once criminal prosecution has been set in motion...........
PATNA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of proceedings - Offence u/s 498-A IPC and S.4 of Dowry Prohibition Act - As per material on record, prima facie case is made out to proceed against accused - Even, allegations levelled in complaint discloses commission of cognizable offence - No case has been made out to exercise..........
KERALA HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 302, 304(Part II)-- Nature of offence - Two blows inflicted on head of deceased by accused - No contradiction as far as evidence of PW1 and PW5 with reference to incident of hitting twice with a large stone - Material object, stone, was also produced and taken from scene of occurrence - Medical evidence coupled with..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Constitution of India, 1950, Article 21, 22-- Illegal detention - Offence u/ss 498A, 406, 323, 504, 506, 34 IPC - Police approached petitioner at 6:30 am and he was formally arrested at 15:45 hours on the same day - However, petitioner was produced before Magistrate next day at 3 pm - Hence, total detention of petitioner exceeds 24 hours in..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 27-- Murder - Disclosure statement - Recovery of weapon of offence (axe) at the instance of accused after 8 days of occurrence from an open space accessible to anybody, raises a serious doubt veracity of prosecution case, particularly, when PWs already seen the weapon lying near dead body of deceased -..........
DELHI HIGH COURT
Year of decision: 2017
Details
Protection of Children from Sexual Offences Act, 2012, Section 5(k), 6-- Penetrative sexual assault - Commission of penetrative sexual assault upon prosecutrix not established - Offence u/s 5(k) of the Act thus, not made out - Consequent conviction and sentence u/s 6 of the Act set aside...........

Showing : 771-780 of 8174 Results