Showing : 11-20 of 58 Results

RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 363, 366A, 376D, Protection of Children from Sexual Offences Act, 2012, Section 3, 4-- Kidnapping and rape - Statement of prosecutrix - No evidence on record to prove that prosecutrix was minor on the date of incident - Prosecutrix in her previous statements exonerated accused and rather stated consensual relations with accused - However, after one month of incident prosecutrix..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Evidence Act, 1872, Section 3, Indian Penal Code, 1860, Section 302, 34-- Murder - Chance witness - PW6, a chance witness, witnessed the occurrence, however, left the place quietly without informing the same to anyone - Conduct of PW6 in not disclosing the incident either to police or to anyone in the village creates a suspicion and renders his version of incident..........
JHARKHAND HIGH COURT
Year of decision: 2016
Details
Evidence Act, 1872, Section 3-- Interested witness - Testimony of interested witnesses is not necessarily unreliable - However, it is necessary that evidence of such witnesses should be scrutinized with caution...........
DELHI HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 498A, 307, 34-- Cruelty - Attempt to murder - Victim stated that beatings were given all over her body by accused - However, injuries as per MLC are not substantiated by statement of victim - MLC shows that injuries were possible by fall from staircase - Victim is unreliable witness as she was not in a fit state..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 366, 376(2)(g)-- Abduction and rape - Conviction on the statement of victim - Prosecutrix changing her versions again and again and thus she is wholly unreliable witness - In case prosecution is based on wholly unreliable testimony of a single witness, Court has no option but to acquit the accused - Accused..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Evidence Act, 1872, Section 3-- Sole eye witness - Evidence highly unreliable - Specific injuries attributed by him do not carry any weight...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302, 149, 148-- Murder - Accused claiming parity with acquitted co-accused - Accused and co-accused were convicted only on the basis of eye witness `G' - However, evidence of eye-witness `G' is highly unreliable, as specific injuries attributed by him do not carry any weight - Accused can justifiably claim parity..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302, 34-- Dying declaration - Murder - Name of accused `R' not mentioned in dying declaration - Word `jeth' referred in respect of accused `R' was not proved as he was neither real brother of accused `B'/ husband of deceased nor his cousin - More so, no eye witness to corroborate that in dying declaration..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2015
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c), 54, 35-- Contraband - Reliability of witness - Some variation or discrepancy with regard to the time within which accused was apprehended alone would not render the witness to be unreliable, their testimonies unbelievable or prosecution case doubtful...........
DELHI HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 302, 120B, 34-- Murder - Conspiracy - Common intention - Sole eye witness of occurrence - PW9, eye witness was at the spot and saw the occurrence taking place - His statement is consistent with medical evidence - Merely because PW9 not named the accused persons before PW17 and PW8 or left for place `G' without..........

Showing : 11-20 of 58 Results