Search Results for "defence under Section 313 CrPC"

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Search Results for "defence under Section 313 CrPC"

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Supreme Court

Supreme Court Upholds Acquittal of Accused in Murder Case Due to Unreliable Child Witness Testimony and Procedural Lapses. The Court Found That the Trial Judge Failed to Ascertain the Competency of a Minor Witness Under Section 118 of the Indian Evidence Act, 1872, and the Dying Declaration Evidence Was Not Put to the Accused Under Section 313 of the Code of Criminal Procedure, 1973.

22 Apr 2025

The appeals arose from a High Court judgment acquitting the accused of murder charges under Section 302 of the Indian Penal Code, 1860, related to the...

Supreme Court

Supreme Court Acquits Accused in Rape and Murder Case Due to Unreliable Eyewitness and Procedural Lapses. Conviction Set Aside as Incriminating Circumstances Not Put to Accused Under Section 313 CrPC, and Sole Child Witness's Testimony Lacked Sterling Quality.

3 Dec 2024

The Supreme Court allowed the appeal of Ashok, who was convicted by the Trial Court for the rape and murder of a ten-year-old girl and sentenced to de...

High Court

Bombay High Court Commutes Death Penalty to Life Imprisonment in Multiple Murder Case — Land Dispute Led to Brutal Killing of Four Family Members, but Case Not 'Rarest of Rare'. The court upheld conviction under Section 302 read with Section 34 IPC for murder of four persons but found mitigating circumstances outweighing aggravating factors, commuting death to life imprisonment.

13 Nov 2024

The case arises from a brutal incident on 28 June 2015 where three accused, Haribhau Telgote (66), his wife Dwarkabai (55), and their son Shyam (35), ...

Supreme Court

Reforming Sentencing Practices in Indian Criminal Justice: Towards Fairness and Consistency Navigating Legal Precedents and Recommendations for Systematic Change

17 May 2024

Compiles excerpts from various legal sources and cases concerning sentencing guidelines and procedures in the Indian criminal justice system. It discu...

Supreme Court

Supreme Court Allows Informant's Appeal and Restores Conviction in Murder Case — High Court's Remand Order Set Aside. Defence Admission of Documents Under Section 294 CrPC Cannot Be Ground for Retrial.

1 Jan 2024

The case arises from an FIR lodged on 22.04.1998 by Shyam Narayan Ram (the appellant-informant) alleging that four accused persons murdered his parent...

High Court

Bombay High Court Allows Accused to File Written Statement in NI Act Case — Right Under Section 313(5) CrPC Cannot Be Denied on Grounds of Delay. The Court held that the accused's desire to file a written statement recorded during Section 313 examination must be honoured, and rejection on grounds of delay and absence of cross-examination is perverse.

12 Dec 2023

The petitioner, Ms. Patricia Reiter, is an accused in a complaint filed by the respondent under Section 138 of the Negotiable Instruments Act, 1881. A...

Supreme Court

Supreme Court Confirms Death Sentence for Rape and Murder of 7½-Year-Old Mentally Challenged Girl. Circumstantial Evidence Including Last Seen, Recovery, and Medical Reports Established Guilt Beyond Doubt; Aggravating Factors Outweighed Mitigating Factors.

6 May 2022

The Supreme Court dismissed the appeals of Manoj Pratap Singh, upholding his conviction and death sentence for the kidnapping, rape, and murder of a 7...

High Court

High Court of Karnataka Acquits Accused in Murder Case Due to Lack of Evidence and Inconsistent Testimony. Conviction under Sections 302 and 498-A IPC set aside as prosecution failed to prove guilt beyond reasonable doubt.

15 Sep 2020

The appellant, Marlingappa, was convicted by the District and Sessions Judge at Yadgiri for offences under Sections 302 and 498-A of the Indian Penal ...

High Court

High Court of Karnataka Acquits Accused in Murder Case Due to Lack of Evidence and Inconsistent Testimony. Conviction under Sections 302 and 498-A IPC set aside as prosecution failed to prove guilt beyond reasonable doubt.

15 Sep 2020

The appellant, Marlingappa, was convicted by the District and Sessions Judge at Yadgiri for offences under Sections 302 and 498-A of the Indian Penal ...

High Court

Bombay High Court Allows Criminal Writ Petition Challenging Order Dispensing with Accused Statement Under Section 313 CrPC. Trial Court's Order Set Aside as Recording of Accused Statement is Mandatory for Fair Trial.

26 Aug 2016

The petitioner, original complainant, filed a criminal writ petition challenging the order dated 22.7.2015 passed by the learned 2nd Additional Chief ...

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