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Supreme Court & High Courts Judgments
Non Joining of Local Person--Rather a person who had a shop near the police station was included--Serious doubt about whether the witness was truly independent--Acquittal
NDPS--Search a..
Punjab & Haryana High Court
Amendment which does not cause prejudice to the accused can be allowed by the Trial Court..
Supreme Court
Non-filing of the supporting affidavit in support of complaint under S.156(3) CrPC, is a curable defect, but must be cured before the Magistrate passes any substantive order on the complaint..
Anticipatory Bail--Incident took place outside the house of complainant which could be viewed by anybody--Thus, it was a place within public view--Anticipatory Bail granted under SCST Act se..
High Court failed to consider the grievous nature of the crime, the possibility of influencing the trial by the accused and the conduct of the accused during investigation--Order granting ba..
For the offence under S.387 IPC, merely putting a person in fear of death or of grievous hurt is sufficient..
Witness summoned to produce the document cannot be cross examined unless and until he is called as a Witness..
In an appeal against conviction by the accused there cannot be an enhancement of sentence..
It is not necessary for the Trial Court to consider the factors as prescribed in in Clauses (a) to (f) S.32-B NDPS--They are additional and optional factors and not mandatory factors..
Conviction can be made on sole testimony of victim, if found to be reliable and trust worthy even in the absence of injuries on private parts..
Delay in Preliminary Investigation--Inordinate delay of about 8 months by police in registration of FIR from the date of receipt of complaint--Direction issued to register complaint against ..
If the Magistrate directs registration of FIR under S.156(3) even when the complainant has not complied with S.154(1) and S.154(3) CrPC, such complaint is maintainable-- Such an order of Mag..
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