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CALCUTTA HIGH COURT

Year of decision: 2016
Details

Indian Penal Code, 1860, Section 354A -- Sexually coloured remarks - Comes within the ambit of sexual harassment enumerated u/s 354A IPC...........

CALCUTTA HIGH COURT

Year of decision: 2016
Details

Evidence Act, 1872, Section 65B, Indian Penal Code, 1860, Section 354A -- Electronic record - Admissibility - Offence of sexual harassment - Compact disc containing conversation making sexually coloured remarks - But said disc not attached with certificate issued by authority concerned - Hence, compact disc is not admissible in evidence for no, compliance of S.65-B(4) of..........

GAUHATI HIGH COURT

Year of decision: 2016
Details

Indian Penal Code, 1860, Section 302, 304 -- Part-II, Evidence Act, 1872, S.3 - Nature of offence - Murder of wife by husband - Appreciation of evidence - As per evidence on record, accused used to beat his wife every evening under influence of liquor - Even, accused failed to explain as to how these injuries were inflicted on person of his wife - Moreover, accused failed..........

RAJASTHAN HIGH COURT

Year of decision: 2016
Details

Indian Penal Code, 1860, Section 307 -- Two injuries, found to be simple in nature, caused by blunt weapon, one on the head and other on the left knee - Merely because a gun was recovered from the spot and that too unloaded, intention to cause death cannot be inferred - Trial Court erred in framing charge u/s 307 IPC...........

ALLAHABAD HIGH COURT

Year of decision: 2016
Details

Indian Penal Code, 1860, Section 363, 366 -- Kidnapping - Quashing of FIR - Complainant herself admitted that FIR was lodged by her under some confusion and being misguided by certain relatives inimical to accused and also alleged that victim has retuned back along with relative in whose house she took the shelter of her own - Prima facie it stands established that offence..........

GAUHATI HIGH COURT

Year of decision: 2016
Details

Indian Penal Code, 1860, Section 302 -- Murder of 10 years old child by strangulation - Cannot be justified by saying that it was unintentional or accidental - Accused rightly convicted...........

GAUHATI HIGH COURT

Year of decision: 2016
Details

Indian Penal Code, 1860, Section 302 -- Murder of 10 years old child by strangulation - Accused allured the deceased and PW4 by promising to give them bat and ball - He pushed some paper forcibly inside the mouth of deceased leading to bleeding injuries on being pressurized by child for bat and ball and strangulated him by napkin - Confessional statement of accused being..........

GAUHATI HIGH COURT

Year of decision: 2016
Details

Indian Penal Code, 1860, Section 302, 324, 34 -- Double murder case - Common intention - Four eye witnesses stated in one voice that all three accused present at the place of occurrence with dao in their hands and inflicted multiple injuries on two deceased persons - It is not possible that accused `J' alone committed murder of two persons and left the dead bodies at two..........

ALLAHABAD HIGH COURT

Year of decision: 2016
Details

Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 363, 366, 376, 120B -- Discharge - Kidnapping and rape of minor girl - Prima facie allegations made out against accused to proceed with the case - Sufficient grounds on record for presuming that accused committed the alleged offence - Consent of prosecutrix not material, as prosecutrix was minor..........

RAJASTHAN HIGH COURT

Year of decision: 2016
Details

Indian Penal Code, 1860, Section 352, 448, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(v) -- Offence u/ss 352, 448 IPC and S.3(1)(v) of SC/ST Act - Property dispute - Contradictions and discrepancies in daily diary of police, complaint and statement recorded u/s 161 Cr.P.C. - Only independent eye witness turned hostile - FIR..........

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