A. Indian Evidence Act, 1872- Section 114- Presumption – Kidnapping and murder case- Recovery of articles would raise presumption of quilt- Application such presumption is limited – A presumption may be in respect of commission of theft or receipt o..
A. Indian Penal Code, 1860- Section 300 “thirdly”- Murder- Nineteen injuries caused in quick succession – Cannot be said to have been caused as a result of grave and sudden provocation- Fact that so many injuries were caused in quick succession whe..
A. Indian Evidence Act, 1872 ― Section 11 ― Plea of alibi ― Murder case ― Plea of alibi is to be established by accused who takes it ― Accused can do so either by adducing necessary evidence or even from evidence of pros..
if an application is moved in the pending case bringing to the notice of the court that any false evidence knowing well has been filed or fabricated in such proceedings, the court should dispose of the said application first before proceeding any fur..
(A) Criminal Procedure Code, 1973, Section 156 and Section 202 - Investigation - Section 156 falling within chapter XII deals with powers of the police officers to investigate cognizable offences - Investigation envisaged in Section 202 contained in ..
(A) Penal Code, 1860, Sections 302/34 and 324 - Testimony of witness - Sole eye witness - Statements fully supported the contents of the FIR - Evidence corroborated by post mortem report - No reason for witness to falsely implicate the accused who ar..
(A) Penal Code, 1860, Sections 302, 141 and 149 - Unlawful assembly - Common object - Mere presence in an unlawful assembly cannot render a person liable unless there was a common object and he was actuated by that common object - That object is one ..
(A) Criminal Procedure Code, 1973, Section 482 - Penal code, 1860, Sections 498A and 406 - Quashing of proceedings - In complaint no allegation regarding cases covered u/s 498A IPC - No allegation of any torture for dowry against appellant - Position..
Electricity Act, 2003- Section. 135- Abetment of theft of electricity- Not only done by positive act of theft of electricity- It can also be done by omission to positive act by one who is responsible to act that of electricity by a dealer (owner of p..
The clear position therefore is that any Judicial Magistrate, before taking cognizance of the offence, can order investigation under Section 156(3) of the Code. If he does so, he is not to examine the complainant on oath because he was not taking co..
The Supreme Court in this case set aside an order of acquittal rendered by the M.P. High Court on the basis of evidence given by two witnesses who first gave evidence as P-Ws and then by way of affidavits changed the version to support as Defense wit..
It is, therefore, well settled that the right to speedy trial in all criminal persecutions is an inalienable right under Article 21 of the Constitution. This right is applicable not only to the actual proceedings in court but also includes within its..
(A) Criminal Procedure Code, 1973, Section 482 - Penal code, 1860, Sections 498A and 406 - Quashing of proceedings - In complaint no allegation regarding cases covered u/s 498A IPC - No allegation of any torture for dowry against appellant - Position..
(A) Criminal Procedure Code, 1973, Section 156 and Section 202 - Investigation - Section 156 falling within chapter XII deals with powers of the police officers to investigate cognizable offences - Investigation envisaged in Section 202 contained in ..
Penal Code, 1860, Sections 302, 120B, 201 r/w 34 - Acquittal - Benefit to co-accused - Acquittal of similarly placed co-accused in on the same set of facts and on similar accusations - A departure may be made in case where accused had not surrendered..
(A) Indian Penal Code, 1860-Sections. 300, 302, 307 r/w 34- Murder and attempt to murder- Common object-Proof-Deceased and his injured brother allegedly stabbed by appellants while they were returning home- Material change and an improvement in state..
A. Criminal Procedure Code, 1973- Section-181(4) – Territorial Jurisdiction – Offence of criminal breach of trust and cruelty – case registered under sections. 406/498-A I.P. C. - Allegation that petitioners, in-laws husband harassed the complainan..
(A) Indian Evidence Act, 1872- Section. 3- Child witness- Evidence of –Credibility- Murder case- Version of child witness is contrary to prosecution version- During investigation, witness not stated name of accused while in statement before Court wit..
A. Criminal Procedure Code, 1973 ― Section 378 ― Appeal against acquittal ― Powers of appellate Court in dealing with ― General principles regarding such powers enumerated in detail. In view of Apex Court the following gene..
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