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Landmark Judgments and Articles on Law

Woman can’t commit rape but can be charged of gang-rape if she facilitates rape

High Court of Judicature at Allahabad Judgment Reserved On: 08.02.2023 Judgment Delivered On: 13.02.2023 Court No. – 68 Case :- APPLICATION U/S 482 No. – 39234 of 2022 Applicant :- Suneeta Pandey Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ravindra…

Whether prosecution can cross-examine hostile witness with his statement recorded by investigating officer who was not authorized to investigate the case?

IN THE HIGH COURT OF ALLAHABAD FULL BENCH Decided On: 29.04.1949 Shyamlal Sharma Vs. King-Emperor Authored By : Seth, Raghubar Dayal, Wanchoo Author: Seth, J. Citation: MANU/UP/0019/1949,AIR 1949 All 483 1. These two references to this Full Bench have been connected together because the questions referred…

Whether evidence given by witness becomes inadmissible if police has read over his statement recorded U/S 161 of CRPC?

IN THE HIGH COURT OF KERALA Cri. Appeal No. 462 of 1992 Decided On: 13.01.1995 Ali Vs. State of Kerala Hon’ble Judges/Coram: K.P. Balanarayana Marar, J. 1. The accused in Sessions Case 80 of 1991 before Second Additional Assistant Sessions Judge, Ernakulam is the appellant….

Statement given to Police is not punishable under Section 182 Cr. P. C. as its not given on Oath

Kerala High Court State Of Kerala vs Markose on 17 November, 1961 Equivalent citations: AIR 1962 Ker 78 b Author: G Menon Bench: S V Pillai, P G Menon JUDGMENT Govinda Menon, J. 1. This appeal has been filed by the State challenging the legality…

Whether state is liable to pay compensation to accused if he suffers due to false implication?

HIGH COURT OF MADHYA PRADESH BENCH AT GWALIOR DIVISION BENCH (S.A. Dharmadhikari Anand Pathak, J.J.) Criminal Appeal No.812/2008 Durga @ Raja Vs State of Madhya Pradesh (Pronounced on 06th day of July, 2018) The instant criminal appeal is being preferred under Section 374 of Cr.P.C….

Acquittal upheld u/s.372

Supreme Court of India CASE NO.:Appeal (crl.) 682 of 1999 PETITIONER:Pratap Singh and Anr. RESPONDENT:State of Madhya Pradesh DATE OF JUDGMENT: 23/11/2005 BENCH:S.B. Sinha and P.P. Naolekar JUDGMENT: JUDGMENT S.B. Sinha, J. This Appeal under Section 379 of the Code of Criminal Procedure, 1972 (Act 2 of…

Hearsay evidence, Sections 302/498A/34 set aside

IN THE HIGH COURT AT CALCUTTA Criminal Appellate Jurisdiction Appellate Side Present: The Hon’ble Mr. Justice Pranab Kumar Chattopadhyay And The Hon’ble Mr. Justice Ashim Kumar Roy C.R.A. NO. 235 of 2003 Nazma Bibi @ Nazma Bewa Anr. Versus The State of West Bengal For…

Electronic Records Admitted By Trial Court Without Objection Can’t Be Challenged At Appellate Stage.

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No. 1418 of 2013 SONU @ AMAR …. Appellant(s) Versus STATE OF HARYANA ….Respondent(s) With CRIMINAL APPEAL No.1416 of 2013 CRIMINAL APPEAL No. 1653 of 2014 CRIMINAL APPEAL No. 1652 of 2014 J U…

Appreciation of evidence of Chance witness

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 952 OF 2010 BABY @ SEBASTIAN ANR. … Vs. CIRCLE INSPECTOR OF POLICE, Dated:26th July, 2016. Citation:(2016) 13 SCC333 1. This criminal appeal is directed against the impugned judgment and order dated 09.06.2009…

APPRECIATION OF EVIDENCE UNDER EVIDENCE ACT

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1482 OF 2013 YOGESH SINGH … APPELLANT(S) :Versus: MAHABEER SINGH & ORS. … RESPONDENT(S) J U D G M E N T Pinaki Chandra Ghose, J. 1. This appeal is directed against the…

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