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Tag: POCSO

Police cannt Summons u/s 160 Cr.P.C outside their Jurisdiction

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IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on :06/07/2022 Judgment pronounced on :08/07/2022 W.P. (CRL.)976/2022, Crl. M.A 8240/22 & Crl.M.A 10543/22 JAMSHED ADIL KHAN & ANR. …..Petitioners Through: Mr. Hrishikesh Barauah and Ms.Radhika Gupta, Advs. versus UNION TERRITORY OF JAMMU AND…

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Child below 5 years Living in Custody of Father is not Illegal

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.783 of 2021 Arising Out of PS. Case No.-450 Year-2021 Thana- MUZAFFARPUR TOWN District- Muzaffarpur   Smt. G.S.S. Sitara W/O Sajjan Raj Shekhar, D/O G Shyam Prasad R/O Mohalla-Ward No. 10, Govt. Quarters,…

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To find further truth and other relevant facts witness examined u/s 165 Evidence act is required to be cross examined

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HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 574 of 2022 Besahu Lal Yadav S/o Ram Kishore Yadav Aged About 19 Years R/o Jaitpur,District- Shahdol (M.P.) —- Petitioner Versus State Of Chhattisgarh, Through The Station House Officer, Police StationJanakpur, District- Korea (C.G.) —- Respondent For Petitioner…

Continue Reading… To find further truth and other relevant facts witness examined u/s 165 Evidence act is required to be cross examined

What precaution Magistrate should take if he is recording the statement of victim U/S 164 of CRPC for the second time?

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IN THE HIGH COURT OF ALLAHABAD Criminal Misc. Writ Petition No. 2027 of 2018 Decided On: 19.03.2018 Manisha Sahu Vs. State of U.P. and Ors. Hon’ble Judges/Coram:Ramesh Sinha and K.P. Singh, JJ. Equivalent Citation: 2018(6)ADJ250, 2018 (104) ALLC C 53, MANU/UP/2581/2018 1. Heard Shri S.K. Chaubey,…

Continue Reading… What precaution Magistrate should take if he is recording the statement of victim U/S 164 of CRPC for the second time?

Whether court can convict an accused in POCSO case even if DNA test report is negative?

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 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 933 CRIMINAL APPEAL NO. 111 OF 2020 Dashrath  Hiraman Johare Vs The State of Maharashtra, CORAM : SURENDRA P. TAVADE, J. PRONOUNCED ON : 09-09-2021 Being aggrieved and dissatisfied with the impugned judgment and…

Continue Reading… Whether court can convict an accused in POCSO case even if DNA test report is negative?

Whether court can convict the accused based on the Statement of Prosecutrix U/S 164 of CrPC if she has not supported the prosecution case?

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In the High Court of Bombay (Before Prasanna B. Varale and S.M. Modak, JJ.) Imran Shabbir Gauri Vs State of Maharashtra Criminal Appeal No. 831 of 2015 Decided on March 31, 2021, Citation: 2021 SCC OnLine Bom 511 The Judgment of the Court was delivered by S.M….

Continue Reading… Whether court can convict the accused based on the Statement of Prosecutrix U/S 164 of CrPC if she has not supported the prosecution case?

Whether the accused has the right to know before filing of the charge sheet that the witness identifies him or not in the Test identification Parade?

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Guidelines of Madras high court for recording confession of accused U/S 164 of CrPC

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Whether additional accused can be summoned U/S 319 of CrPC even if there is no Prima facie case against him?

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IN THE SUPREME COURT OF INDIA Criminal Appeal No. 1517 of 2019 Decided On: 17.10.2019 Mani Pushpak Joshi Vs. State of Uttarakhand and Ors. Hon’ble Judges/Coram: L. Nageswara Rao and Hemant Gupta, JJ. Citation: (2019) 9 SCC 805 1. The challenge in the present appeal…

Continue Reading… Whether additional accused can be summoned U/S 319 of CrPC even if there is no Prima facie case against him?

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