Showing : 51-60 of 655 Results

DELHI HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 227, 154-- Discharge - Rape case - Delay in lodging FIR or refusal to undergo internal medical examination cannot be made a ground for discharge by Court, particularly when in FIR and in statement of prosecutrix u/s 164 Cr.P.C., there are allegation of rape without her consent when she allegedly fell..........
DELHI HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 154, 227, Indian Penal Code, 1860, Section 376, 328, 323, 506-- Discharge - Rape - Prosecutrix in her statement u/s 164 Cr.P.C. specifically narrated about first incident which was without her consent - Promise to marry was stated to be made at a much later stage - Even otherwise, trial Court was only required to consider whether prima facie case for framing..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 326, 498A, Dowry Prohibition Act, 1961, Section 4-- Delay in lodging FIR - Grievous hurt - Cruelty - Dowry demand - FIR lodged by mother of victim - Delay duly explained by victim which is corroborated by her mother, as victim was put to fire being tortured for demand of dowry and secretly treated at her in laws house by accused and accused did not..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 154-- Delay in lodging FIR - Delay in itself is not fatal to prosecution case - Delay puts Courts on caution to scrutinize the evidence available on file with greater care and caution...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 154-- Delay in lodging FIR - Injured was immediately taken to hospital after occurrence, where she was medico legally examined - As her condition was serious, she was taken to another hospital - Since injured was unfit to make statement, statement of complainant was recorded and there was some delay in..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 376, 506, Criminal Procedure Code, 1973, Section 154-- Rape by uncle - Delay in lodging FIR - Minor intelctually impaired, raped by her own uncle - Parents far away from home at the time of incident - Waiting period for mother to come quite natural - Mother on her return waited for matter to be resolved at family level first - But nothing came out and..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 376(2)(i), Criminal Procedure Code, 1973, Section 154, Protection of Children from Sexual Offences Act, 2012, Section 5(m), 6-- Delayed FIR - Rape of 8-1/2 years old girl - FIR lodged next day of incident by mother of victim - Mother of victim explained the reason for delay while she was examined before Court - Moreover, in rape cases delay of one or two days is bound to be there as parents of victim normally give a cool..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 154-- FIR - When any information with regard to commission of cognizable offence is received by Police, Police has to record ditto information in prescribed register u/s 154 Cr.P.C. - While recording FIR officer-i, charge of Police Station is not supposed in the garb of Karyavahi Police to doctor,..........
CALCUTTA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 156(3), 154(3)-- Application u/s 156(3) - Lodging complaint with a superior police office u/s 154(3) Cr.P.C. is not a condition precedent before approaching Magistrate u/s 156(3) Cr.P.C. - Lodging complaint with S.P. u/s 154(3) Cr.P.C. is an alternate option and not an exclusionary one...........
DELHI HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 376D, Criminal Procedure Code, 1973, Section 154-- Gang rape - Delayed FIR - Prosecutrix claims that she has disclosed incident to her sister after 1 month from incident - However, FIR registered after delay of 3 months 9 days - No explanation given for waiting for another 2 months to approach police - This unusual and improbable conduct of..........

Showing : 51-60 of 655 Results