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Showing : 801-810 of 30343 Results

BOMBAY HIGH COURT

Year of decision: 2023
Details

Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376 -- Anticipatory bail - Rape - Accused and victim both adult and acquainted with each other - Whatsapp messages prima facie indicate that victim was in constant touch with accused not only after the alleged incident but even after lodging FIR - Prima facie relationship appears to be consensual..........

SUPREME COURT OF INDIA

Year of decision: 2023
Details

Indian Penal Code, 1860, Section 302 -- Murder - Testimony of informant/PW1 was not reliable and could not have formed basis of conviction - PW1 was influenced by Sarpanch whose active participation in proceedings subsequent to incident cannot be ruled out - Medical evidence did not support the prosecution case, as weapon of assault could not have caused injury on deceased..........

SUPREME COURT OF INDIA

Year of decision: 2023
Details

Indian Penal Code, 1860, Section 304(Part I), 304(Part II) -- Nature of offence - Accused allegedly hit a blow on the head of deceased with the weapon of offence (Weed axe) resulting in his death in hospital - Weapon of offence is a common agricultural tool - Deceased died due to internal head injury - Accused could only be attributed with knowledge that it was likely to..........

JHARKHAND HIGH COURT

Year of decision: 2023
Details

Indian Penal Code, 1860, Section 304(Part II), 307 -- Offence u/ss 304(Part II), 307 IPC - Non-examination of independent witness - No independent eye witness has been examined though many persons were present at the place of occurrence - PWs 6, 7 and 9 have also turned hostile - If independent witness has been examined correct picture of incident have come on the surface..........

JHARKHAND HIGH COURT

Year of decision: 2023
Details

Indian Penal Code, 1860, Section 304(Part II), 307, 326 -- Nature of offence - None of injury was on vital part of body of deceased - Doctor opined that injury no.1 was grievous in nature and injury No.2 was simple - Injury No.1 was grievous because left arm of deceased was fractured - However, arm and leg are not vital part of body which can cause death - Blood clouting..........

JHARKHAND HIGH COURT

Year of decision: 2023
Details

Indian Penal Code, 1860, Section 326 -- Offence u/s 326 IPC - Incident took place in the year 1998 and about 25 years have passed - Accused was in jail for a considerable period and he has never misused the privilege of bail and now he is not involved in any criminal activities - Sentence of accused reduced to period already undergone by him subject to payment of fine of..........

SUPREME COURT OF INDIA

Year of decision: 2023
Details

Indian Penal Code, 1860, Section 323, 34 -- Offence u/ss 323, 34 IPC - No cogent and positive evidence available to prove or establish the fact that accused assaulted deceased - PWs stated that main accused kicked the deceased on her stomach and nowhere they have whispered about any overt acts of accused - Guilt of accused not proved - In the absence of any incriminating..........

SUPREME COURT OF INDIA

Year of decision: 2023
Details

Criminal Procedure Code, 1973, Section 439 -- Bail - Factors for consideration for grant of bail are : (i) prima facie case (ii) possibility of accused tampering with the evidence or influencing the witnesses, and (iii) the possibility of accused fleeing away from the hands of justice - Gravity and seriousness of offence is another factor that has to be taken into..........

SUPREME COURT OF INDIA

Year of decision: 2023
Details

Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 468, 469, 471, 194, 211, 218, 120B -- Bail - Offence u/ss 468, 469, 471, 194, 211, 218, 120-B - Charge sheet has been filed - Accused after being released on interim bail has not been called for investigation even on a single occasion - She has already surrendered her passport which shall continue..........

ORISSA HIGH COURT

Year of decision: 2023
Details

Indian Penal Code, 1860, Section 376(2), Protection of Children from Sexual Offences Act, 2012, Section 4, 6, Criminal Procedure Code, 1973, Section 164, Evidence Act, 1872, Section 3 -- Rape - Substantive evidence - Statement of witness u/s 164 CrPC is not substantive evidence - Substantive evidence is one which is given by witness in Court on oath in presence of accused..........

Showing : 801-810 of 30343 Results