Showing : 1-10 of 41 Results

ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 366, 376, 323, 328, 506, 406-- Quashing of charge sheet - Kidnapping and rape - Prima facie it cannot be said that no case is made out against accused - Whether accused wanted to marry victim right from very beginning or not and whether consent given by victim for sexual intercourse was a free consent or not is a subject matter..........
DELHI HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 376, 328, 120B, 34-- Rape - Allegation that husband of prosecutrix used to give her sedatives and permit accused to make physical relationship with her - Incident occurred when prosecutrix discovered accused lying beside her after she regained consciousness - However, no explanation given by prosecutrix as to why..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 376(2)(n), 323, 328, 506-- Rape - Three incidents of rape stated by prosecutrix, but the same is not proved on record - Prosecutrix alleges that accused makes a false promise to marry her - But, evidence on record shows that accused disclosed all the details of his family including his wife and two daughters to prosecutrix..........
KERALA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 328, 329-- Trial of case - Accused suffering from unsoundness of mind - Accused was suffering from Schizophrenia - Trial Judge did not permit accused to let in any evidence to prove factum of unsoundness of mind - Neither Superintendent nor treating doctor examined as a witness in Court - Procedure adopted..........
KERALA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 328, 329-- Trial of case - Accused suffering from unsoundness of mind - Commencement of trial without recording medical evidence or satisfying himself or recording a finding on material placed before him will vitiate trial...........
ORISSA HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 328, 427, 506-- Offence u/ss 328, 427, 506 IPC - Revision against acquittal - Accused acquitted after oral and documentary scanning of evidence - Delay in lodging FIR is not the sole basis for acquittal - Trial Court analyzed the evidence and law in proper perspective and judgment does not suffer from any..........
DELHI HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 328-- Offence u/s 328 IPC - No evidence on record that any substance in the nature of poison or stupefying, intoxicating or unwholesome drug was administered to complainant - Mere oral words of complainant cannot suffice - No reliable or cogent evidence brought to Court to support the complainant about..........
PATNA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 328, 304B, 34-- Summoning of additional accused - Offence u/ss 328, 304-B, 34 IPC - Petitioners though named in FIR but on completion of investigation petitioners found innocent - They were not sent up for trial - Case was fixed for arguments on behalf of prosecution - Application for summoning of additional..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 302, 328, 201, 34-- Double murder - Circumstantial evidence - Conduct of PW7, who is key witness of prosecution is unnatural and unbelievable and her testimony cannot be accepted - Contradictions and improvements found in evidence of PWs - Prosecution story inextricably mixed up with falsehood that separation of..........
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..........

Showing : 1-10 of 41 Results