Showing : 9161-9170 of 13494 Results

SUPREME COURT OF INDIA
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 376-- Rape - Sentence - Victim aged 10 years - Accused in jail for about 6 years - Accused only bread earner of family and of young age - Not a special and adequate reason - Order reducing sentence from 10 years to 7 years set aside...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 376-- Rape of girl aged 10 years - Punishment - Punishment in a case of rape cannot depend upon the social status of the victim or the accused - It must depend upon the conduct of the accused, the state and age of the sexually assaulted female and the gravity of the criminal act...........
RAJASTHAN HIGH COURT
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 304A-- Medical negligence - Death - Lady admitted in hospital - Gave birth to a child and lady died - Medical Board was constitutd to find out cause of death - Board gave a finding that accused is not used to handle such delivery cases - None of the Board members was gynae expert - Entire evidence shows..........
RAJASTHAN HIGH COURT
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 304A-- Medical negligence - Civil and criminal negligence - For an act to amount to criminal negligence the degree of negligence should be much higher i.e. gross or of a very high degree - Negligence which is neither gross nor of a higher degree may provide for a ground for action in civil law but cannot..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 420, 424, U P Gangsters and Anti Social Activities (Prevention) Act, 1986, Section 2, 3, Criminal Procedure Code, 1973, Section 482-- Quashing - High Court dismissed the petition for quashing on the basis of ratio of decision passed by that Court - Held, that ratio of that case did not apply to the facts and circumstances of the present case - Order of High Court set aside - Case remanded back to High Court - Appeal allowed...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 392-- Robbery - Essential ingredients of the offence are : (1) Accused committed theft; (2) Accused voluntarily caused or attempted to cause, (i) death, hurt or wrongful restraint (ii) Fear of instant death, hurt or wrongful restraint; (3) He did either act for the end (i) to commit theft (ii) While..........
ALLAHABAD HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302-- Bail - Murder - Firearm injuries - Post mortem report that deceased sustained one gun shot wound of entry - Accused a hardened criminal involved in 35 criminal cases - Gravity of offence considered - Bail refused...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 392-- Robbery - It is theft or extortion when caused with violence of death, hurt or wrongful restraint - When there is no theft committed, then as a natural corollary there cannot be robbery - Robbery is only an aggravated form of offence of theft or extortion - Aggravation is in the use of violence of..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 390-- Robbery - 'For that end' in S.390 IPC clearly mean that the hurt caused must be with the object of facilitating the committing of the theft or must be caused while the offender is committing theft or is carrying away or is attempting to carry away property obtained by the theft...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 392-- Robbery - Reduction in sentence - Snatching of gold ornaments and cash - Offence committed on a public road at about 9.00 p.m. - Accused convicted and sentenced to 10 years RI - No ground to reduce the sentence...........

Showing : 9161-9170 of 13494 Results