SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 432, 433, Constitution of India, 1950, Article 161, 72, Indian Penal Code, 1860, Section 302-- Remission of sentence - Whether `appropriate Government' is permitted to exercise power of remission u/s.432/433 Cr.P.C. after parallel power has been exercised by President u/Art. 72 or Governor u/Art.161 or by Supreme Court in its Constitutional power u/Art.32? - Held, question referred to..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 364A, 120B-- Abduction for ransom - Criminal conspiracy - Victim identified accused in Test Identification Parade and also in Court - Victim cannot be disbelieved as such type of incident leaves in indelible impression upon the victim's mind - Accused was also identified by three PCO owners from where accused..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 376, Constitution of India, 1950, Article 142-- Rape cases - Fast Tract Courts constituted for trial of rape cases - But fast tract procedure not framed - Interim directions issued : (i) Upon receipt of information relating to the commission of offence of rape, the Investigating Officer shall make immediate steps to take the victim to any..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 432, Constitution of India, 1950, Article 161, 72, Indian Penal Code, 1860, Section 302-- Remission of sentence - Whether S.432(7) Cr.P.C. clearly gives primacy to executive power of Union and excludes executive power of State where power of Union is co-extensive? - Held, question referred to Constitution Bench...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 432, Constitution of India, 1950, Article 161, 72, Indian Penal Code, 1860, Section 302-- Remission of sentence - Whether Union or State has primacy over subject matter enlisted in List III of Seventh Schedule of Constitution of India for exercise of power of remission? - Held, question referred to Constitution Bench...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Prevention of Corruption Act, 1988, Section 12, 7, Indian Penal Code, 1860, Section 107, 120B-- Sting operation by private persons - Held, a journalist or any other citizen who has no connection with favour that is allegedly sought in exchange for bribe offered cannot be imputed with necessary intent to commit offence of abetment u/s 12 or that of conspiracy u/s.120-B IPC...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 114A-- Rape - Conviction - Validity - Accused alleged to have forcibly caught hold of prosecutrix and committed rape on her - Prosecutrix attempted suicide by consuming poison due to trauma of rape after 22 days from date of incident - Version of prosecutrix supported by circumstantial evidence cannot be..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 307-- Attempt to murder - In order to attract S.307 IPC, injury need not be on the vital part of body...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 307-- Attempt to murder - Non framing of charge - Several accused persons attacked injured with deadly weapons - It is reasonable to presume that they had knowledge or intention that such an attack would result in death - Moreover, open declaration by accused that a person would be killed indicates his..........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 302, 84-- Murder - Plea of insanity - Accused alleged to have brutally killed his own mother using `latth' - He even threatened to kill his brother and other relatives who reached the spot - Accused failed to prove that he was an insane person as no doctor had been examined on his behalf to prove the..........