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Showing : 3811-3820 of 19631 Results

DELHI HIGH COURT

Year of decision: 2019
Details

Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376 -- Bail - Rape - Medical examination - Refusal by prosecutrix - Where prosecutrix refused to undergo a medical examination, it shows that no offence is committed on prosecutrix by accused - Bail granted to accused...........

DELHI HIGH COURT

Year of decision: 2019
Details

Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376 -- Bail - Rape - There is not even a single document filed by prosecution to corroborate that there was any physical relation between prosecutrix and accused - Major contradictions of facts mentioned in statements of prosecutrix recorded u/ss 161, 164 Cr.P.C and in her original Ruqqa -..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Appreciation of evidence - As per prosecution there were blood stains on `loi' recovered pursuant to disclosure statement of accused on 24.01.2012 - However, blood sample of accused was drawn on 25.01.2012 - Said factor creates a dent in prosecution story - Conviction set aside - Accused..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Appreciation of evidence - Since there is no eye witness to the occurrence, nobody had seen accused going to house of complainant nor anybody had seen him leaving the house - Even, prosecution failed to compare blood stains to establish guilt of accused - Moreover, if alleged `loi' was taken by..........

ALLAHABAD HIGH COURT

Year of decision: 2019
Details

Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302, 34 -- Delay in lodging FIR - Murder - FIR lodged after one day of incident - However, distance of police station from spot is 10 kilometers - PWs have not shown any reason as to why they did not report matter to police without delay - Delay in lodging FIR not explained by prosecution...........

ALLAHABAD HIGH COURT

Year of decision: 2019
Details

Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302, 34 -- Delay in lodging FIR - Murder - Mere delay in lodging FIR cannot be a ground to out rightly reject testimony of eye witnesses, but it would certainly put Court on its guard that testimony of eye witnesses has to be scrutinized with great care and caution...........

ALLAHABAD HIGH COURT

Year of decision: 2019
Details

Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 8 -- Murder - Motive - Proof of motive looses its significance, in a case based on direct testimony, but considering delay in FIR, infirmities in statements of alleged eye-witnesses, contradiction between oral and medical evidence, fact that motive alleged but could not be proved, also becomes a relevant..........

ALLAHABAD HIGH COURT

Year of decision: 2019
Details

Indian Penal Code, 1860, Section 302, 34 -- Murder - Prosecution concealed true genesis of incident and failed to establish circumstances in which accused is alleged to have caused injuries to deceased - Testimonies of eye witnesses suffers from serious inconsistencies and contradictions - There was huge undue delay in lodging FIR - Oral evidence is totally irreconcilable..........

CHHATTISGARH HIGH COURT

Year of decision: 2019
Details

Indian Penal Code, 1860, Section 304B, 498A, 34 -- Dowry death - Cruelty - Death of deceased occurred in an unnatural condition within seven years of her marriage - PWs stated that no demand was made at the time of marriage - Parents of deceased stated that one day before death of deceased a telephonic call was received from deceased that accused were quarreling with her..........

CHHATTISGARH HIGH COURT

Year of decision: 2019
Details

Criminal Procedure Code, 1973, Section 397, Indian Penal Code, 1860, Section 294 -- Conviction u/s 294 IPC and acquittal u/ss 147, 506 IPC by trial Court - Appellate Court acquitted accused u/s 294 IPC - Revision against - It is appeal and not revision which is maintainable - Complainant is at liberty file special leave to appeal along with an appeal against judgment of..........

Showing : 3811-3820 of 19631 Results