Showing : 3951-3960 of 14949 Results

RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302, 323, 325, 149-- Murder - Unlawful assembly - Common object - Non-production of subscriber of FIR - Merely because complainant at whose instance report was written by subscriber, has disowned some of facts mentioned in report during trial, it cannot be inferred that those facts were averred in the report by..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 406, 498A-- Cancellation of bail - Offence u/ss 406, 498-A IPC - Allegations in FIR disputed questions of facts and same can be decided during trial - Case is fixed for recording of statements of PWs - Challan has been presented and charges framed - Bail granted to respondent No.4 cannot be cancelled simply..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 449, 459-- Nature of offence - Accused entered into house of complainant for the purpose of or with intention to cause death of deceased for which death is also one of sentence - It is not the case of prosecution that accused entered into the complainant's house after taking precaution to conceal their entry..........
UTTARAKHAND HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 308, 323, 325, 506, 34-- Compounding of offence - Offence u/ss 308, 323, 325, 506, 34 IPC - Dispute between parties resolved amicably - Compounding applications are supported by joint compromise duly signed by parties - Injured witness not interested in prosecuting the accused - Although S.308 IPC is no, compoundable..........
SIKKIM HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 376(2)(i), Protection of Children from Sexual Offences Act, 2012, Section 4, Constitution of India, Article 20(2)-- Rape - Double jeopardy - Accused found guilty of alleged offences and convicted under both the provisions of IPC and POCSO Act - However, offender cannot be punished for more than once for a similar offence, as it amounts to double jeopardy - Consequently, sentence of accused is modified and..........
DELHI HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 458-- Offence u/s 458 IPC - Reduction of sentence - A1 already undergone more than period of one year of his sentence - He is not a previous convict and is having clean antecedents and is not involved in any other case - Moreover, overall jail conduct of A1 is satisfactory - Keeping in view of these..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 167(2), Indian Penal Code, 1860, Section 376, 506, 120B-- Default bail - Wrongly allowed - Revisional Court rightly remedied the error by cancelling the bail...........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 378-- Murder - Appeal against acquittal - Leave to appeal - FIR filed only on the basis of suspicion - All PWs including eye witness turned hostile and did not support prosecution case - Prosecution failed to prove its case beyond reasonable doubt - No error committed by trial Court to acquit accused -..........
DELHI HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302, 34-- Murder - Death by burning - Dying declaration not proved on record - Presence of accused at the place of occurrence also not proved as he had gone for work - Accused was not absconding and in fact I.O himself stated that accused appeared and identified himself - I.O accepted that he failed to..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 376, 120B, 34-- Rape - Compromise - FIR cannot be quashed in a non compoundable offence even when complainant does not support the case of prosecution and accused can be acquitted of the charge after considering the evidence on record as it will give an adverse message to the society...........

Showing : 3951-3960 of 14949 Results