UBJECT NDEX VOLUME 4 Court on Crimi… · —pre-meditation to cause murder— Effect.# 4214...

(I)

SUBJECT INDEX

VOLUME 4

A

a woman

—Outraging modesty of—~—Ingredients of.# 4805

Abducting —Kidnapping, etc. to compel marriage.# 4821

Abduction for murder —Determination.# 4812

Abetment

—Forgery ~.# 5080

Abetment of rape.# 4840

abetment of suicide

—Cruelty and ~—Proof.# 5126

abetment of suicide

—Cruelty and ~—Proof.# 5126 —Determination.# 4695

—Existence of ~—Requirement.# 4707 —Presumption of.# 4696 —Requirement of.# 4698 —Scope.# 4698

abetment to suicide —Sufficient evidence for conviction for

~ & cruelty—Determination.# 4711

abetment to —Sufficient evidence for conviction for

~ suicide & cruelty—Determination.# 5147

Abnormal conduct of accused —Determination.# 4841

Absconding —Inference of.# 4211

Absence of —Common object—~.# 4090

—Consent of prosecutrix—~.# 4849 —Corpus delicit—Effect.# 4212 —evidence of instigation in commission

of suicide—Determination.# 4702 —external marks—Effect.# 4841 —independent evidence—Effect of.# 4213 —independent witness—Effect.# 4213 —intention to cause death—Determination.# 4598 —intention to cause death—Effect.# 4598 —intention to kill—Determination.# 4630 —overt act against relative of husband—Effect.# 5116 —pre-meditation to cause murder—Effect.# 4214 —proof of motive and conspiracy—Effect.# 4215 —semen stains on clothes of prosecutrix—Effect.# 4843 —substantive charge—Effect.# 4215

Absence of blood —on clothes of witness—Effect.# 4212

absence of charges —Conviction under a provision in the ~ under that particular provision—Improper.# 4770

Absence of Corroboration —Effect.# 4819

Absence of proof —Determination.# 4958

abuse of —Remedial measures for prevention of

~ the provision—Determination.# 5146

Acceptability

—Plea of Alibi—~.# 4023

Accidental death.# 5116

Accompanying a forger —cheating.# 5025

II Supreme Court on Criminal Law

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Accomplice

—Testimony of—~—Reliance on.# 4586

Accusation by —one having lawful authorities defence .# 5157

accused —Plea of non-explanation of injuries on

~—Effect.# 4733

Accused alleged to —have assaulted victim with knife.# 4763

accused and deceased

—Previous crimity between ~.# 4518

accused at night

—Chances of identification of ~—Determined.# 4246

accused by Prosecution

—Non-explanation injuries on ~—Effect.# 4773

accused by witness

—Proper identification of ~—Determination.# 4978

Accused charged —for offence under Section 302 but convicted under Section 306.# 4215

accused in crime —Failure to prove—participation of

some of the ~—Effect.# 4708

—No proof of—complicity of ~—Determined.# 4895

Accused of 21 years.# 4215

accused party

—Death of ~—Effect of.# 4326

accused to inflict

—Power of ~—Determination.# 4517

Acquittal .# 4702

—after relying upon dying

declaration—Improper.# 4702

—Appeal against ~.# 4226

—Circumstantial evidence—

Appreciation.# 4250

—due to doubtful evidence—Effect.#

4775

—due to insufficient evidence—

Determination.# 4970

—due to insufficient evidence—Effect.#

4775

—for offence of murder with common

object due to insufficient evidence—


—for unlawful assembly—Scope.#

4599

—having benefit of doubt—Scope.#

4753

—Justification.# 4337

—lack of Evidence.# 4776

—Legality of .# 4216

—of co-accused in separate trial—

Effect.# 4219

—of co-accused—Effect.# 4220

—of some of the accused—Effect.#

4221

—on doubtful evidence—

Determination. # 4222

—on doubtful evidence—Justification.

# 4222

—on doubtful evidence—Scope.# 4970

—on the ground of acquittal of co-

accused—Validity.# 4223

—Rape—~.# 4913

—Scope.# 4918

—solely based on defective

investigation—Improper.# 4224

—Sufficient evidence for—~—


Acquittal due

—to doubtful evidence—Effect.# 4775

—to Insufficient evidence—


Acquittal for

—unlawful assembly—Scope.# 4599

acquittal of co-accused

—Acquittal—on the ground of ~—

Validity.# 4223

Subject Index III

SC-4

—Conviction—even after ~—

Justification.# 4416

Acquittal on —doubtful evidence—Scope.# 4012

Act or omission of —investigating agency—Benefit of.#

4224

Acts done

—in sudden fight—Determination.#

4060

actual words

—Complaint of defamation need of ~.#

5158

Admission by accused —that he had taken a wife If plea of

guilt.# 5105

Adultery prosecution

—after relying upon dying

declaration—Improper.# 4702

against accused

—F.I.R. lodged by victim for rape -

Question of making out offence ~.#

4887

age of

—Evidence for ~ prosecutrix of school

leaving certificate—Reliability.#

4877

Age of girl —Determination.# 4828

age of prosecutrix —Best evidence for ~—Determination.# 4853 —Determination.# 4861

—Evidence of—father regarding ~—Reliability.# 4883 —Relevancy.# 4442

agent

—Criminal breach of trust by—~ .# 5000

Aggressors —Determination.# 4713

Alibi —as defence in murder case.# 4225

Allegation of —common object—Unsustainability # 4226

amounting to murder

—Conditions for culpable homicide ~—Determination.# 4095

—Culpable homicide not ~—Determination.# 4148

—Culpable homicide not ~—Section 304, Part I.# 4613

—Culpable homicide not ~—Section 304, Part II Tests .# 4613

—Culpable homicide—not ~—Determination.# 4613 —Distinction between culpable

homicide not ~ and murder—Determination.# 4046 —Grievous hurt or culpable homicide

not ~.# 4749 —Murder—of Culpable homicide not

~—Determination.# 4750

and free fight

—Common object ~.# 4090

and sentence

—Conviction—~.# 4660

Ante-timed FIR —Determination.# 4715

—Sufficient explanation for ~—Determination.# 4740 —ante-timed FIR—Determination.# 4715

ante-timed

—First Information Report whether ~.# 4133

Any currency note.# 5103

apostate erstwhile

—Bigamy by an ~ a Hindu.# 5106

Appeal against —acquittal.# 4226 —conviction .# 4600

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appellant in crime

—No proof of—involvement of ~—Effect.# 4476

Appellate Court —Two views from evidence—~ cannot disturb the favourable view.# 4195

Applicabilit —Power of Court to take cognizance—

~.# 5093

Applicability.# 4013

—Exception—~.# 4124

—Fit case for offence—~.# 4134

—Independent evidence—~.# 4424 —Power of Court to take cognizance—

~.# 5093

—Principle of proportion—~.# 4635

Applicability of.# 4039 —Clause thirdly—Determination.# 4062 —common object—Determination.# 4090 —common object—Requirement.# 4090 —common object—Scope.# 4090 —Exception 4—Determination.# 4124 —exception—Requirement.# 4064 —exception—Scope.# 4065 —Exceptions—Determination.# 4066

—Medical evidence—~.# 4541

—Principle of res ipsa loquitor—~.# 4652 —unlawful assembly—Scope.# 4741

Applicability of Explanation

—Scope.# 4226

application of

—Section 304, Part I and Part II ~ .#

4640

Appreciation —Acquittal—Circumstantial evidence—

~.# 4224

Appreciation of evidence.#

—Courts duty.# 4847

—Determination.# 4861

—Improper ~—Unsustainability.# 4916

—Murder—~—Probability of two views

of story.# 4152

—Necessity of.# 4443

—Permissibility.# 4848

—Scope.# 4849

Appreciation of —interested witness—Scope.# 4238

—medical evidence—Scope.# 4238

Approver —Reliability.# 4239

arrest of accused

—Time of ~—Determination.# 4761

as genuine

—Using a forged document ~.# 5086

assault doubtful

—Participation in ~—Determination.#

4766

assaulted victim

—Accused alleged to have ~ with knife.# 4763

assigning reason

—Reduction of sentence without ~—Improper.# 5168

—Reduction of sentence without ~—Unsustainable.# 5168

assigning special reasons —Reduction of sentence—without ~—Unsustainable.# 4709

assistance by

—Determination of forgery ~ handwriting expert .# 5077

Assistance to —Rape-victim.# 4849

Assisting in

—concealment of stolen property.#

5014

Attempt —When begins.# 5176

Attempt to —commit offence penultimate act

covered only if.# 5174

—commit offence.# 5172

Subject Index V

SC-4

—Offence ~ rape and murder .# 4162

—Sentence for ~ commit suicide .#

4743

attempt to cause death

—Robbery or dacoity with ~ or grievous

hurt.# 4979

Attempt to commit offence —Meaning of.# 5175

attempt to murder

—Common object—to ~.# 4090

—Conviction—for murder with

common intention and ~—Scope.#

4724

—Determination.#

—Essential ingredients of ~—

Requirement.# 4728

—Scope.# 4849

Attempts by

—life convicts .# 4718

attention of accused

—Expert evidence—Non-drawing ~—

Effect of.# 4403

Attention on —in conviction by High Court .# 4239

Availability —Benefit of doubt .# 4239


—Plea of right of defence—~.# 4634

—Sudden fight—Benefit of Exception

4—~.# 4189

Availability of.#5177

Offence ~ rape and murder .# 5167

—right of private defence—

Scope.#4603

Sentence for ~ commit suicide .# 4743

available from creditors cause death

—Fraudulently preventing debt being ~

.#5045 Robbery or dacoity with ~ or

grievous hurt.# 4979

Award of commit offence

—death sentence .# Meaning of.# 4239

awarding of sentence murder

—Leniency in ~—

Impermissibility.#4893 Common

object—to ~.# 4090

—Leniency in ~—Scope.#4892

Conviction—for murder with common

intention and ~—Scope.# 4724

B

basis of probabilities

—Calculation of time of incident on the

~—Improper.# 5069

before strangers

—Extra judicial confession—made ~—

Plea of unsustainable.# 4404

being juvenile

—Plea for ~—Scope.# 4508

being Juveniles

—New Plea of accused ~—Scope.# 4475

belief as to forgery

—Knowledge or ~ using despite .# 5083

Benami

—Transaction and Benami transaction

Prohibition Act .# 5044

Benefit of

—Act or omission of investigating

agency—~.# 4224

—possibility of two views—Scope.#

4243

—remission of sentence—Scope.#

4244

—Sudden fight—~ Exception 4—

Availability.# 4189

—Sudden Provocation—~.#

4192

Benefit of doubt

—Acquittal having ~—Scope.#

4803

—Availability.# 4851

—Grant of ~—Scope.# 4240

—Grant of.# 4240

VI Supreme Court on Criminal Law

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—Kidnapping and murder—Proof—~.#

4815

—Permissibility.# 4848

—Scope.# 4849

—Unreliable.# 4248

Best evidence for

—age of prosecutrix—Determination.#

4843

bidding for property

—Ingredients for public servant

unlawfully buying or ~—Determination.

# 4003

—Public servant unlawfully buying or


Bigamy by

—an apostate erstwhile a Hindu.#

5106

Bigamy offence

—ingredients.# 5106

Bigamy

—Charge of.# 5107


—Offence of.# 5107

—Proof of.# 5109

Blackmail .# 4946

Bonafide

—claim of right and theft.# 4936

bouncing of cheque

—Stop payment instruction ~.# 5042

breach of contract

—Cheating and—~.# 5029

Breach of procedure

—vis-a-vis cheating.# 5026

Burden of proof

—Last Seen theory—~.# 4436

by accused

—Non-explanation of injuries

sustained ~—Effect.# 4732

by banker

—Falsification—~ .# 5077

by burning

—Death—~.# 4324

by limitation

—Recovery of debt barred ~ satisfaction

of debt from guarantor’s bank term

deposit criminal breach of trust if .#

5008

C

Calculation of —time of incident on the basis of probabilities—Improper.# 5069

Calculation of time

—of incident on the basis of

probabilities—Improper.# 4245

Camera trial

—Rape case ~.# 4910

capital punishment

—Reduction of sentence from ~ to life punishment —Scope.# 4529

capital punishment to

—Reduction of sentence from ~ life punishment —Scope.# 4529

carnal knowledge —Meaning of.# 4853

—Meaning of ~—Expressed.#4894

case on —Dowry death—Prosecution rested its

~ three letters of deceased.# 5136 —Dowry death—Prosecution rested its

~ three letters of deceased.# 4677

cause death

—Absence of intention to ~—Determination.# 4762

—Intention to ~—Determination.# 4598

cause murder —Absence of—pre-meditation to ~—

Subject Index VII

SC-4

Effect.# 4214 —Common object of unlawful assembly

to ~—Determination.# 4287

—Intention to—~—Determination.# 4312

Cause of death .# 4040 —Determination.# 4245

—Possibility of other ~—Effect.# 4516

caused by

—Death ~ abortion .# 4745

caused in

—Death—~ prosecution of common object—Determination.# 4324

Causing death

—exceeding right of private defence—


—in free fight by single blow .# 4074

—Injury for ~—Determination.# 4427

—of person other than intended—Effect.# 4074

Causing disappearance —of evidence .# 4013

causing disappearance of

—To prove charge ~ evidence of offence—Requirement.# 4028

Causing evidence of —offence to disappear—Scope.# 4014

causing hurt

—Voluntary ~ during robbery.# 4957

certain offences —Restriction on identity of victim of

~—Scope.# 4922

challenged prosecutrix

—Consent of mentally ~—Effect.# 5167

Chances of

—False implication—~.# 4414

—identification of accused at night—

Determined.# 4246

charge

—Cheating by—personation ~ defect

in.# 5034

—Conversion of—~—Requirement.#

4302

Charge of

—Bigamy—~.# 5107

Charge of disappearing

—evidence of murder .# 4014

Charge of murder .# 4074

Charge of rape

—Scope.# 4832

charged for offence

—Accused ~ under Section 302 but

convicted under Section 306.#

4215

cheating .#

—Accompanying a forger ~.# 5025

—Breach of procedure vis-a-vis ~.#

5026

—deception need of.# 5027

—Evidence of accomplice.# 5028

—Ingredients of.# 4869


—Meaning of.# 5034

—misrepresentation & pre-requisite. #

5034

—Nature of.# 5034

—Obtaining payment without

executing Govt. work ~.# 5037

—Special provision vis-a-vis general

provision.# 5029

Cheating and

—breach of contract.# 5029

—partnership dealing.# 5031

—partnership transactions.# 5031

—Passport offence.# 5031

cheating as

—Property and valuable security ~ to.#

5041

Cheating by

—Government servants.# 5032

—interpolating Railway Receipt.# 5033

VIII Supreme Court on Criminal Law

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—personation charge defect in.# 5034

—personation.# 5034

cheating dispute regarding

—Offence of ~ civil or criminal—


cheque —Cheating by—~ cheque when bounced. # 5031

cheque when bounced —Cheating by—cheque ~.# 5031

Child abuse —Effect.# 4832

Child eye-witness —Reliability.# 4246

Child rape —Effect.# 4853

Child thrown —on the ground .# 4246

child witness —Conviction—on basis of ~.# 4095 —Reliability.# 4246 —Reliance on—injured eye-witness and ~—Scope.# 4539 —Unreliable.# 4389 Circumstances evidence —Scope.# 4404

Circumstances —Dowry death—~ must be considered—Unnatural death.# 5135

Circumstantial evidence .# 4075 —Complete chain of ~—Reliability.# 4288 —Complete chain of ~—Scope.# 4288 —Determination.# 4306 —Determination.# 4306 —Murder—~.# 4250 —Murder—Evidence—Motive—Murder—~.# 4155 —Reliability.# 4254 —Reliance on.# 4257 —Reliance on—~—Scope.# 4258 —Scope.# 4258

Circumstantial evidence —Scope.# 4258 —Sustainability.# 4284 —Validity.# 4285

citizen —Section 330 inadequate to repair the

wrong done to ~.# 4788

civil dispute

—Criminal breach of trust vis-a-vis ~.# 5003

civil or criminal —Offence of cheating dispute regarding


claim of right

—Bonafide ~ and theft.# 4936

clarify which

—Duty of witness to ~ side of weapon used—Determination.# 5058

class or

—Imputation against a ~ collection of persons .# 5160

Clause fourthly

—Applicability of—~—Determination.# 4039

Clause thirdly

—Applicability of—~—Determination.# 4062

—Ingredients of ~—Determination.# 4137

clerk or servant

—Criminal breach of trust by—~.# 4988

clothes of prosecutrix

—Absence of—semen stains on ~—Effect.# 4843

clothes of witness

—Absence of blood on ~—Effect.# 4212

co-accused —Acquittal—of ~ in separate trial—Effect.# 4219

—Acquittal—of ~—Effect.# 4219

Subject Index IX

SC-4

—Confession by ~—Effect.# 4293 —Conviction—on confessional

statement of ~—Reliability.# 4309

collection of persons

—Imputation against a class or ~.# 5160

commencement of trial

—Victim committing suicide before ~ effect .# 4931

Commission of —offence of theft—Determination.# 4937

commit dacoity

—Preparation to ~—Effect.# 4981

commit fraud

—Content to ~.# 5075

commit murder

—Attempt to ~—Nature of.# 4716 —Single stab injury and intention to

~.# 4187 —commit murder—Nature of.# 4716

commit offence —Attempt to ~.# 5172

—Attempt to ~ penultimate act covered only if.# 5174

commit rape —Attempt to ~.# 4850

commit suicide

—Attempt to ~Vires.# 4742

commit suicide

—Sentence for attempt to ~.# 4743

committed by accused —Overt act ~—Effect of.# 4505

Committing murder —Intention of.# 4285

common intention.# 4776

—Common object—and ~—Different of.# 4090

—Conviction—for murder with ~—Scope.# 4606


—Murder with ~—Determination.#

4474

—Murder with ~—Requirement.# 4474

—Scope.# 4547

—Sufficient proof ~-Determination.#

4585

Common intention of —Gang rape—Proof of.# 4858

common intention to cause

—Conviction—for ~ grievous injuries—


Common object .# 4090 —Absence of.# 4859 —Acquittal—for offence of murder with

~ due to insufficient evidence—Determination.# 4219

—Allegation of ~—Unsustainability.# 4226

—cquittal—for offence of murder with ~ due to insufficient evidence—

Determination.# 4219 —Determination.# 4450

—evidence and proof .# 4392 —Existence of.# 4385

—Existence of—~—Determination.#

4385

—Ingredients of offence of ~—Determination.# 5022

—of unlawful assembly—Determination.# 4778 —Proof of.# 4988

—Requirement.# 4018

commuted to life imprisonment Common object of —unlawful assembly to cause

murder—Determination.# 4287 —unlawful assembly—Determination.#

4778

commuted to life imprisonment —Death sentence—~—Scope.# 5051

commuted to life

—Death sentence when can be ~ imprisonment—Determination.# 4020

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Comparison and distinction —between—Exceptions 1 and 4—Determination.# 4092

comparison to F.S.L. —Non-sending of fire arms and empties

for ~—Effect.# 4732

compel marriage —Abducting, Kidnapping, etc. to ~.# 4821

complaint —Non mentioning of particular of

crimes and names of person in ~—Effect.# 5136

complainant on land

—Unauthorised entry by ~ in settled possession of accused.# 5057

complainant to identify

—Failure of ~—Effect.#4951

complaint by aggrieved

—Defamation ~.# 5158

complaint by Court —Forged document used in Court ~ need of .# 5078

Complaint not containing —details of motives as spoken by witness—Effect.# 5166

Complaint of defamation —need of actual words .# 5158

Complete chain of —circumstantial evidence—Reliability.# 4288

complicity of

—No proof of—~ accused in the crime—Determined.# 4476

Compounding of offence —Permissibility.# 5110

Compromise —Effect of.# 5122

Compundability of offence —Determination.# 4990

Concealment of evidence —Meaning of.# 4017

concealment of stolen property

—Assisting in ~.# 5014

Concealment of —genesis of incident—Effect.# 4289

Conclusive evidence —Effect.# 4289

Concurrent finding —Interference of.# 4291 —of fact—Interfere of.# 4292

conditions for —culpable homicide amounting to murder—Determination.# 4093

Conduct of witness —Determination.# 4292

conduct unreliable

—Evidence of prosecutrix and her ~—Effect.# 4796

confession

—Extra-judicial ~.# 4049

Confession by co-accused—Effect.# 4293

confessional statement

—Conviction—on ~ of co-accused—Reliability.# 4309

confessional statement

—Conviction—on ~—Reliability.# 4309

Confessional statement —Reliability.# 4294

Consent

—Rape—~—Misconception of fact.# 4834

—Voluntary consent or ~ under misconception of fact—Determination.# 4834

Consent of mentally —challenged prosecutrix—Effect.# 4859

Consent of prosecutrix —Absence of.# 4859

Subject Index XI

SC-4

—Determination.# 4861 —Effect.# 4861

Consent of —mentally challenged prosecutrix—Effect.# 5167

consenting party —Plea of—~ and false implication—Unsustainable.# 4900

Consistent evidence —Effect.# 4294

conspiracy by Govt. servants —Falsification—~ need of sanction .# 5078

Conspirator —Requirement.# 4018

Conspiracy

—Ingredients of ~.# 4898

—Offence of ~—Determination.# 4998

Constitutional validity —Determination.# 5122

contempt of —Power of High Court to punish ~ subordinate Court .# 5161

Content to —commit fraud .# 5075

continuance of

—Death of aggrieved ~ the prosecution by her relative.# 5110

continuing offence

—Trespass ~.# 5057

contract and cheating

—Criminal breach of ~—Difference of.# 4990

Contract killing —Determination.# 4295

contradicting with

—medical evidence—which ~ ocular evidence.# 4296

Contradiction in evidence —Effect.# 4297

Contradiction —and improvements in evidence—Effect of.# 4295 —between medical evidence and eye-witness—Effect.# 4296

Contradictory —dying-declaration—Effect.# 4298

Contradictory —dying-declaration—Effect.# 5123 —evidence regarding spot—Effect of.# 4298 —evidence regarding time of occurrence—Effect.# 4299 —evidence—Effect.# 4300

Contradictory evidence —regarding time of occurrence—Effect.# 4299

contradictory statements —Complaint of bigamy quashing of, for

~.# 5109

Conversion of —charge—Requirement.# 4302 —death sentence into life imprisonment—Scope.# 4302

Conversion of death sentence —into life imprisonment—Scope.# 4723

Convict undergoing —life imprisonment sentence on subsequent conviction Sentence concurrent or consecutive .# 4303

convicted —Accused charged for offence under

Section 302 but ~ under Section 306.# 4215

Conviction .# 5124 — when non-recovery of fire arms and empties—Validity.# 4725 —and sentence .# 4958

—Appeal against ~.# 4600 —Circumstantial evidence—Determination.# 5118

XII Supreme Court on Criminal Law

SC-4

—even after acquittal of Co-accused—Justification.# 4306

—Fit case for—~—Justification.# 4416 —for attempt to murder—Requirement.# 4724 —for common intention to cause grievous injuries—Determination.# 4778 —for death by poisoning—Reliability.# 4660 —for murder and injury—Scope.# 4605 —for murder with common intention and attempt to murder—Scope.# 4724 —for murder with common intention—Scope.# 4606 —for murder—Requirement.# 4307 —for offence of murder—Scope.# 4307 —Intention to cause murder—Determination.# 4312 —Intention—Determination of.# 4313 —of circumstantial evidence—Validity.# 4866 —on confessional statement of co-accused—Reliability.# 4309 —on confessional statement—Reliability.# 4309 —on discrepancy between FIR and dying declaration—Effect.# 4309 —on dying declaration .# 4309 —on evidence of wife of deceased—Reliability.# 4724 —on extra judicial confession—Reliability.# 4311 —on reliance on medical evidence—Validity.# 4661 —on sole testimony of prosecution witness .# 4311 —on the sole testimony of prosecutrix—Scope.# 4867 —Propriety.# 4313

—Reliable evidence for ~—Determination.# 4788 —Scope.# 4313

—Sufficient evidence for ~ —Determination.# 4644

—Sufficient evidence for ~ for abetment to suicide & cruelty—Determination.# 5147

—Sufficient evidence for ~—Determination.# 4810

—Sufficient evidence for—~—Scope.# 4927 —Sufficient evidence of.# 4319

—Sufficient evidence—for ~—Determination.# 4644

—Sufficient proof for ~—Determination.# 4586 —Sustainability.# 4319 —under a provision in the absence of charges under that particular provision—Improper.# 4773 —under Part II instead of Part I—Determination.# 4607 —under Section 304 Part I instead of Section 302—Justification.# 4608 —under Section 304 Part II instead of Section 302—Scope.# 4608 —under Section 323 instead of Section 302—Scope.# 4754 —under Section 411 instead of Section 412—Validity.# 5013 —when non-recovery of fire arms and empties—Validity.# 4725 —when wrong time of recording of FIR—Effect.# 4726 —on circumstantial evidence—Requirement.# 4866

Conviction based on —Sustainability.# 4820

conviction by High Court

—Attention on in ~.# 4239

Conviction for —house trespass—Requirement.# 5059

—Sufficient evidence for ~ abetment to suicide & cruelty—Determination.# 5147

Subject Index XIII

SC-4

—Sufficient proof of ~ cruelty and dowry death—Scope.# 5149

—Sufficient proof of ~—dowry death—Justification.# 4694 —suicidal death of married woman—Scope.# 4704

—Sufficient proof of ~—dowry death—Justification.# 4694 —suicidal death of married woman—Scope.# 4704

Conviction for murder —Common intention disbelieved ~ .# 4089

Conviction for suicidal —death of married woman—Scope.# 4704

conviction of

—Conspiracy—acquittal of rest ~lone accused .# 4912

—Rape case ~ on sole reliable evidence of victim.# 4912

Conviction on —circumstantial evidence—Requirement.# 4018 —circumstantial evidence—Validity.# 4288 —evidence of wife of deceased—Reliability.# 4724 —reliance on medical evidence—Validity.# 5124

Conviction when —non-mentioning of name in FIR—Reliability.# 4312

Corpus delicit .#

—Absence of—~—Effect.# 4212

Corpus delicti —Requirement of.# 4320

corroboration from

—Oral evidence ~ medical evidence—Sufficient evidence of.# 4505

Corroboration —for testimony of prosecutrix—

Requirement.# 4867 —Necessity of.# 4869

—Rape case ~.# 4911

Corruption Act —Section 409, I.P.C. and Section 13 (1)

(c), Prevention of ~.# 5010

counterfeit notes —Selling or buying ~ with reasons to believe it is counterfeit.# 5102

counterfeit —Selling or buying counterfeit notes

with reasons to believe it is ~.# 5102

Counterfeiting currency —notes and bank notes of foreign countries.# 5101

Counterfeiting —any currency note.# 5099 —Bank notes.# 5099

Courts duty

—Appreciation of evidence—~.# 4066

covered only —Attempt to commit offence

penultimate act ~ if.# 5174

Creating disharmony —in society.#

Credibility —Eye witness is relative of deceased—

~.# 4129

Crime against —Rape ~ society.# 4905

Crime of rape —Essential ingredients of.# 4833 —Ingredients of.# 4869 —Nature of.# 4869

criminal breach

—Sufficient proof of ~ trust by public servant—Determination.# 5012

Criminal breach of —contract and cheating—Difference of.# 4990

XIV Supreme Court on Criminal Law

SC-4

—Essential ingredients of ~ trust by public servant—Requirement.# 5004

—Failure to prove ~ trust by banker—Effect.# 4988

—Insufficient proof of ~ trust by public servant—Determination.# 5005

—Proof for offence of ~ trust by public servant or by banker—Requirement.# 4990 —satisfaction of debt from guarantor’s

bank term deposit ~ trust if .# 5008

Criminal breach of trust.# —by—a public servant .# 4998 —by—agent .# 5000 —by—clerk or servant .# 5000 —by—hire purchaser .# 5001 —by—partner .# 5002 —by—pledged .# 5002 —by—school secretary .# 5002 —by—Servant .# 5003 —Determination.# —dispute of Civil nature when .# 4997

—Ingredients of offence of ~—Determination.# 5022 —Ingredients of.# 4869 —Ingredients of.# 4869 —Proof of.# 4988 —Scope.# 4993 —vis-a-vis civil dispute .# 5003 —vis-a-vis vicarious liability .# 5003

criminal conspiracy

—Essential ingredients of ~—Determination.# 4728 —Ingredients of.# 4805 —Meaning of.# 4809 —Offence of.# 5023 —Requirement of.# 4328 —Scope.# 5028 —Sentence of.# 4641

criminal force to women —Essential ingredients offence of

assault or ~ with intent to outrage her modesty—Determination.# 4804

criminal intimidation

—Extortion and ~.# 4947

criminal liability

—Common object—constructive ~.# 4090

Criminal misappropriation —Requirement of.# 4984

Criminal mis-appropriation.# 4985

Criminal Proceedings

—Quashing of ~—Scope.# 4826

Criminal trespass .# —might of lawful owner to repel.# 5056

—Murder—~.# 5066

Cross-examination of —rape victim .# 4870

cruelty

—Cruelty and abetment of suicide—~.# 4704 —and abetment of suicide—Proof.# 4704 —Determination.# 4711

—Dowry death and ~—Explanation.# 5136

—Dowry death—and ~—Explanation.# 5136 —Meaning of.# —Offence of.# 4833

—Sufficient proof of conviction for—~ and dowry death—Scope.# 5149 —Sufficient proof of dowry death and


Cruelty and abetment —of suicide—Proof.# 4704

cruelty and dowry death

—Sufficient proof of conviction for ~—Scope.# 5149

Cruelty and harassment —Determination.# 5126

Cruelty and harassment —for dowry—Meaning of.# 5126

Subject Index XV

SC-4

Cruelty by Husband

—Dowry Death—~ or his relative—Offence are distinct and belong to different categories.# 4021

Cruelty or harassment —to wife—Requirement.# 5127

Cruelty to wife —u/s.498-A & dowry death u/s. 304-B interrelation.# 5127

Cruelty to woman —presumption under Section 113-A Prospective or retrospective.# 5130

Culpable homicide .# —and murder—Distinction of.# 4041

—Conditions for ~ amounting to murder—Determination.# 4148 —Determination.# 4044

—Distinction between ~ not amounting to murder and murder—Determination.#4046

—Distinction between murder & ~—Determination.# 4116 —Ingredient of.# 4110

—Murder of ~.# 4472

—Murder or ~ or grievous hurt .# 4750

—Murder—of ~ not amounting to murder—Determination.# 4046 —not amounting to murder.# 4100 —not amounting to murder—Determination.# 4098 —not amounting to murder—Section 304, Part I.# 4613 —not amounting to murder—Section 304, Part II Tests .# 4613 —not murder.# 4619 —or murder .# 4724 —Scope.# 4724 —Sudden quarrel .# 4097 —when it is murder—Determination.# 4109

currency note

—Counterfeiting any ~.# 5099

currency notes

—Forgery of ~.# 5101

Custody of —other persons .# 4322

D

dacoits to police

—Description—or features of ~ need before T.I. Parade identification .# 4968

Dacoity .# —acquittal, reducing the number of less than five effect .# 4960 —demand by accused for T.I. Parade refusal .# 4963 —elements of .# 4960 —identification by light .# 4961 —identification evidence need of cautious approach .# 4962 —identification proof by .# 4960 —proof by recent unexplained possession of stolen property .# 4962

—identification in Court .# 4962

Dacoity and loot —Nature of.# 4977

Dacoity and murder .# 4323

Dacoity proof — by evidence of identification in T.I. Parade .# 4965

Dacoity with murder .# — proof (See also Murder Proof) .# 4966 —Liability of accused .# 4966 —Proof by dying declaration .# 4966

Dead body disappeared .# 4019

Death —by burning .# 4324 —by poisoning Poison not proved to be in viscera .# 4110 —caused by abortion .# 4745 —caused in prosecution of common object—Determination.# 4324

XVI Supreme Court on Criminal Law

SC-4

—due to strangulation .# 4111 —during miscarriage .# 4741 —of woman due to burning .# 4112

—Plea of accidental—~—Rejection of.# 4511

—Requirement for Dowry—~.# 4686

—Time of—~—Determination.# 4741

death by poisoning —Conviction—for ~ —Reliability.# 4660

Death by —running over by motor vehicle.# 4645

—Death caused by ~.# 4647

Death caused —by negligence—Presumption of.# 4647 —in prosecution of common object—Determination.# 4324

Death due to —rash and Negligence—Determination.# 4647

Death of aggrieved —continuance of the prosecution by her relative.# 5110

Death of deceased —in a human manner .# 4020

Death of —accused party—Effect of.# 4326

Death penalty .# 4326

Death sentence .# 4239

—Award of ~.# 4239 —commuted to life imprisonment—Scope.# 4332

—Conversion of ~ into life imprisonment—Scope.# 4332 —commuted to life imprisonment—Scope.# 4332

—Fit case for—imposition of ~—Determination.# 4784

—Imposition of ~—Justification of.# 4421

—Imposition of ~—Scope.# 4952 —Justification.# 4421

—of imprisonment for life—Scope.# 4334 —of life imprisonment—Scope.# 4335 —or life imprisonment—Determination.# 4335 —or life imprisonment—Scope.# 4871 —Rarest of rare case—for imposition of

~—Validity.# 4024 —Recovery given by Sessions Judge to

impose ~ not special .# 4528 —reduced to life imprisonment.# 4336 —Scope.# 5132 —Validity of.# 4341 —Validity.# 4545 —when can be commuted to life imprisonment—Determination.# 4320 —death sentence—Scope.# 4952

debt from guarantor’s bank —Recovery of debt barred by limitation

satisfaction of ~ term deposit criminal breach of trust if .# 5008

—satisfaction of ~ term deposit criminal breach of trust if .# 5008

deceased —Dowry death—Prosecution rested its

case on three letters of ~.# 5136

deception need of

—Cheating—~.# 5027

Defamation —complaint by aggrieved .# 5158 —good faith as defence .# 5158 —Determination.# 5166 —Nature of.# 4158 —standard of proof .# 5159 —Withdraw of prosecution—Permissibility.# 5153

Defamation against —public servant .# 5159

defamation by journalist

—Sentence ~.# 5163

Defamation by —member of legislative body .# 5159

Subject Index XVII

SC-4

Defamatory imputation —in newspaper or journal liability of printer or publisher or editor .# 5160

defamatory matter

—Publication of ~ liability of Press and Power of High Court to punish contempt of subordinate Court .# 5161

defective investigation

—Acquittal—solely based on ~—Improper.# 4224 —Effect.# 4343

Defence .# 5077 —Accusation by one having lawful

authorities ~.# 5157

defence in murder case —Alibi as ~.# 4225

defence version

—Reliance on ~—Scope.# 4736 —defence version—Scope.# 4736

defence witness —Non-consideration of testimony of

~—Effect.# 4896

Deficiencies in —prosecution case—Effect.# 4343

Defined

—Modesty—~ .# 4805

Degree of —culpable homicide—Determination.# 4113

Delay in —conduct of post mortem—Effect.# 4344 —conducting identification parade—Effect.# 4968 —examination of witness by police—Fatal.# 4345 —execution of death sentence—Determination.# 4345 —filing FIR and failure to make recovery—Effect.# 4346 —filing FIR—Effect of.# 4871

—furnishing copy of FIR—Effect.# 4346 —holding test identification parade—Effect.# 4955 —identification parade or identification of property—Effect.# 4973 —lodging FIR and non-recovery of weapon—Effect.# 4347 —Lodging Fir—Effect.# 4347

—Rape ~ lodging F.I.R.# 4906 —recording statement of solitary eye-witness—Effect.# 4348 —recording statement of solitary injured eye-witness—Scope.# 4348 —recording statement of witness—Effect.# 4350 —recording testimony of eye-witness—Effect.# 4351 —sending FIR to Magistrate—Effect.# 4351 —sending FIR—Effect.# 4351 —trial and investigation—Effect.# 4353

—furnishing ~—Effect.# 4346

Delayed delivery —of judgment—Effect.# 4353

Delayed evidence —Effect of.# 4353

delivery of judgment —Delayed ~—Effect.# 4353

demand by accused

—Dacoity—~ for T.I. Parade refusal .# 4963

Demand of —dowry and harassment—Determination.# 5133

demand of dowry —Failure to prove ~—Effect.# 4708

—Proof of ~—Scope.# 4734

Description —or features of dacoits to police need before T.I. Parade identification .# 4968

XVIII Supreme Court on Criminal Law

SC-4

details of motives

—Complaint not containing ~ as spoken by witness—Effect.# 5166

Determination

—Abduction for murder—~.# 4812

—Abetment of suicide—~.# 4695 —Absence of evidence of instigation in

commission of suicide—~.# 4702 —Absence of intention to cause

death—~.# 4598

—Absence of intention to kill—~.# 4762

—Absence of proof—~.# 4958

—Absence of—intention to kill—~.# 4214 —Acquittal due to Insufficient

evidence—~.# 5085 —Acquittal—due to insufficient

evidence—~.# 5089 —Acquittal—for offence of murder with common object due to insufficient

evidence—~.# 4219

—Acquittal—on doubtful evidence—~.# 4813

—Acts done in sudden fight—~.# 4060

—Age of girl—~.# 4828

—Age of prosecutrix—~.# 4843

—Aggressors—~.# 4935

—Ante-timed FIR—~.# 4717

—Applicability of—Exception 4—~.# 4124

—Applicability of—Exceptions—~.# 4066

—Appreciation of evidence—~.# 4066 —Appreciation of evidence—of injured

witness —~.# 4601

—Attempt to murder—~.# 4704

—Bigamy—~.# 5105

—Cause of death—~.# 4040 —Causing death—exceeding right of

private defence—~.# 4073

—Circumstantial evidence—~.# 4075

—Commission of offence of theft—~.# 4937

—Common intention-~.# 4086

—Common Intention—~.# 4086 —Common object of unlawful assembly

to cause murder—~.# 4287 —Common object of unlawful

assembly—~.# 4778

—Common object—~.# 4090 —Common object—of unlawful

assembly—~.# 4778 —Comparison and distinction

between—Exceptions 1 and 4—~.# 4092

—Compundability of offence—~.# 4990 —Conditions for culpable homicide

amounting to murder—~.# 4093

—Conduct of witness—~.# 4292

—Consent of prosecutrix—~.# 4861

—Conspiracy —to murder—~.#

—Constitutional validity—~.# 5122

—Contract killing—~.# 4295 —Conviction—Circumstantial

evidence—~.# 4306 —Conviction—for common intention to

cause grievous injuries—~.# 4778 —Conviction—Intention to cause

murder—~.# 4312 —Conviction—under Part II instead of

Part I—~.# 4607

—Criminal breach of trust—~.# 4987

—Cruelty and harassment—~.# 5126

—Cruelty—~.# 5130 —Culpable homicide not amounting to

murder—~.# 4148

—Culpable homicide—~.# 4613 —Culpable homicide—not amounting

to murder—~.# 4148 —Culpable homicide—when it is

murder—~.# 4109 —Death due to rash and Negligence—

~.# 4647

Subject Index XIX

SC-4

—Death sentence—or life

imprisonment—~.# 4871 —Death sentence—when can be

commuted to life imprisonment—~.# 4020 —Death—caused in prosecution of

common object—~.# 4324

—Defamation—~.# 5152

—Degree of culpable homicide—~.# 4113 —Delay in—execution of death

sentence—~.# 4345 —Demand of dowry and harassment—

~.# 5133

—Double jeopardy—~.# 4048

—Doubtful evidence—~.# 4222

—Dowry death—~.# 4384 —Duty of witness to clarify which side

of weapon used—~.# 4621

—Enmity—~.# 4392 —Essential ingredient of dowry death—

~.# 4678 —Essential ingredient of trespassing—

~.# 5058 —Essential ingredients of criminal

conspiracy—~.# —Essential ingredients of offence of

cheating—~.# 5022 —Essential ingredients of offence of dishonest misappropriation of

property—~.# 4984 —Essential ingredients of offence of

gang rape—~.# 4876 —Essential ingredients offence of assault or criminal force to women with

intent to outrage her modesty—~.# 4804

—Essential requisites for cheating—~.# 5036

—Evidence of—prosecutrix—~.# 4925 —Evidentiary value medical and oral—

~.# 4825 —Evidentiary value of—solitary

witness—~.# 4188

—Existence of wrongful confinement—

~.# 4800

—Existence of—common object—~.# 4385 —Factors to be considered for

imposition of death sentence—~.# 4410 —Factors to be satisfied to invoke

Exception 4—~.# 4132 —Failure to prove undue force to marry

or have intercourse—~.# 4825 —Failure to—prove involvement in

offence—~.# 4412 —Fit case for imposition of death

sentence—~.# 4784

—Fit case for—death sentence—~.# 4416

—Homicidal death—~.# 4418

—Hostile witness—~.# 4418

—Identification of accused—~.# 4419

—Identification—~.# 4420 —difference between Exceptions 1 and

4—~3693

—Individual responsibility—~.# 4425 —Ingredients for public servant unlawfully buying or bidding for

property—~.# 4003

—Ingredients of Clause thirdly—~.# 4137

—Ingredients of dowry death—~.# 4682 —Ingredients of offence for causing

disappearance of evidence—~.# 4021 —Ingredients of offence of cheating—

~.# 5022 —Ingredients of offence of criminal

breach of trust—~.# 4989

—Injury for causing death—~.# 4427

—Insufficient evidence—~.# 4427 —Insufficient proof of criminal breach

of trust by public servant—~.# 5005

—Intention of accused—~.# 4629

—Intention prevailing—~.# 4428

—Intention to cause death —~.# 4598

XX Supreme Court on Criminal Law

SC-4

—Intention to kill—~.# 4630

—Intention to murder—~.# 4731

—Intention to—cause death —~.# 4138

—Intention to—cause murder—~.# 4312

—Intention to—kill—~.# 4433

—Intention—to cause death—~.# 4629

—Intention—to kill—~.# 4433 —it case for—imposition of death

sentence—~.# 4784


—Liability for medical negligence—~.# 4649 —Liability of members of unlawful

assembly—~.# 4649

—Meaning of fight—~.# 4142

—Meaning of sudden fight—~.# 4142

—Motive—for crime—~.# 4450

—Murder with common intention—~.# 4474 —Murder—of Culpable homicide not

amounting to murder—~.# 4148

—Natural witness—~.# 4475

—Nature and meaning of rape—~.# 4833

—Nature of Mens rea—~.# 4158 —Non-disclosure of name of victim of

rape—~.# 4033 —Offence of cheating dispute regarding

civil or criminal—~.# 5023 —Participation in assault doubtful—

~.# 4766

—Place of incident—~.# 4899

—Place of—occurrence—~.# 4507

—Power of accused to inflict—~.# 4978 —Presence of—eye-witness at the place

of incident—~.# 4517 —Presence of—witness at the place of

incident—~.# 4517

—Proof for cheating—~.# 5039

—Proof of ill-treatment—~.# 5144 —Proof to establish motive, illicit

intimacy—~.# 4519

—Proper identification of accused by

witness—~.# 4978 —Public servant unlawfully buying or

bidding for property—~.# 4002

—Quantum of punishment—~.# 4806

—Quantum of sentence—~.# 4903

—Rarest of rare case—~.# 4913

—Reasonable doubt—~.# 4527

—Reliability of—eye-witness—~.# 4402

—Reliable evidence for conviction—~.# 4788 —Remedial measures for prevention of

abuse of the provision—~.# 5146 —Sending of pellets for examination—

~.# 4552 —Sufficient evidence for conviction —

~.# 4644 —Sufficient evidence for conviction for

abetment to suicide & cruelty—~.# 4711 —Sufficient evidence for conviction—

~.# 4739 —Sufficient evidence for—murder by

unlawful assembly—~.# 4585 —Sufficient evidence—for conviction—

~.# 4027 —Sufficient explanation for ante-timed

FIR—~.# 4740 —Sufficient proof common Intention-

~.# 4585

—Sufficient proof for conviction—~.# 4586 —Sufficient proof of criminal breach

trust by public servant—~.# 5012 —Sufficient proof of dowry death and

cruelty—~.# 5149

—Sufficient proof—~.# 4827

—Testimony of eye-witness—~.# 5072

—Time of arrest of accused—~.# 5169

—Time of death—~.# 4193

—Time of incident—~.# 4741

—Time of—occurrence—~.# 4507 —Voluntary consent or consent under

Subject Index XXI

SC-4

misconception of fact—~.# 4834

—Wrongful gain—~.# 5043

Determination of forgery —assistance by handwriting expert .# 5077

Determination of

—Conviction—Intention—~.# 4313 —dowry death—Scope.# 5134

—Fatal injury—~.# 4415

Determinative of

—Murder—~ nature of offence.# 4155

Determined —Chances of identification of accused

at night—~.# 4246


—Essential ingredient—~.# 4782

—Motive—~.# 4145 —No proof of—complicity of accused in

the crime—~.# 4476 —Plea of—false implication when

unsustainable—~.# 4901


—Reliable evidence for conviction—~.# 4788 —Sufficient proof of offence of

outraging modesty of women—~.# 4806 —Sufficient proof of offence of

outraging modesty of women—~.# 4806

Difference —between Exceptions 1 and 4—Determination.# 4115

Difference of —Criminal breach of contract and

cheating—~.# 4990

different categories —Dowry Death—Cruelty by Husband or his relative—Offence are distinct and

belong to ~.# 4021

different stages of

—Contradictory statements in two ~ judicial proceedings perjury .# 4008

disappearance of evidence

—Causing ~.# 4013

—Ingredients of offence for causing ~—Determination.# 4021

disbelieved

—Common intention ~ Conviction for murder .# 4089

Discharge —Availability of.# 5167

Disclosure of —identity of victim in sexual offence—Impermissible.# 4033

Disclosure Statement —Reliability.# 4354

Discrepancies in —prosecution witnesses—Effect.# 4357

Discrepancies —and inconsistencies as to the time of occurrence—Effect.# 4354 —between medical evidence and eye-witness—Effect.# 4355 —in evidence—Effect.# 4355 —in prosecution witnesses—Effect.# 4357 —regarding place of occurrence—Effect.# 4357

Discrepancy in regard —to use of fire arms—Effect.# 4726

discrepancy

—Conviction—on ~ between FIR and dying declaration—Effect.# 4309

Discrepant —between version of eye-witness and dying declaration—Effect.# 4357

Discussed


—Dowry death—~.# 4384

—Rarest of rare case—~.# 4527

Dishonest intention .# 5004

Dishonestly receiving —or retaining stolen property ingredients.# 5016

XXII Supreme Court on Criminal Law

SC-4

dispute of Civil nature

—Criminal breach of trust ~ when .# 4997

Dispute regarding —place of occurrence—Effect.# 4358

distinct and belong —Dowry Death—Cruelty by Husband

or his relative—Offence are ~ to different categories.# 4021

Distinction —between culpable homicide not amounting to murder and murder—Determination.# 4046

—Extortion and theft—~.# 4945

—Property mark and trade mark ~.# 5099

Distinction between murder —& culpable homicide—Determination.# 4048

Distinction of

—Culpable homicide and murder—~.# 4041

disturb the favourable —Two views from evidence—Appellate

Court cannot ~ view.# 4195

Doctor necessary —Furnishing of full information to ~.# 5163

doctor —Non-examination of—~—Effect.# 4896

document with

—Falsification—of ~ intent to defraud .# 5077

Double jeopardy —Determination.# 4358

Doubtful —observation of Incident—Effect.# 4382 —presence of eye-witness at place of occurrence—Effect.# 4382 —testimony—Scope.# 4384

Doubtful dying-declaration —Effect.# 4358

doubtful evidence

—Acquittal—on ~—Determination.# 5089 —Determination.# 4024 —Determined.# 4451 —Discussed.# 4024 —Effect.# 4534 —Scope.# 4535

Doubtful testimony —Scope.# 4620

dowry

—Failure to—prove demand of ~—Effect.# 4681 —Meaning of.# 4682

dowry and harassment —Demand of ~—Determination.# 5133

Dowry Death.# 4384 —and cruelty—Explanation.# 4649

—Bail in ~ cases.# 4659 —Circumstances must be considered—Unnatural death.# 5135 —Cruelty by Husband or his relative—Offence are distinct and belong to different categories.# 4021

—Cruelty to wife u/s.498-A & ~ u/s. 304-B interrelation.# 5127

—Determination of ~—Scope.# 4354 —Determination.# 4361 —Discussed.# 4365

—Essential ingredient of ~—Determination.# 4678 —Harassment—Dowry demand.# 4672

—Ingredients of ~—Determination.# 4682 —Mere presence of accused at the place of occurance—Effect.# 4020 —Presumption of.# 4673 —Proof of.# 4673 —Prosecution rested its case on three letters of deceased.# 4677

Subject Index XXIII

SC-4

—Sufficient proof of conviction for—~—Justification.# 4693 —Sufficient proof of conviction for—

cruelty and ~—Scope.# 5149

Dowry demand —Dowry death—Harassment—~.# 4672

dowry death and cruelty —Sufficient proof of ~—Determination.# 4694

Dropping of proceedings —Improper.# 4384

due to doubtful evidence

—Acquittal—~—Effect.# 4775

due to strangulation

—Death—~.# 4111

during robbery

—Voluntary causing hurt ~.# 4957

Duty of Courts —in rape cases.# 4875

Duty of witness —to clarify which side of weapon used—Determination.# 5058

dying declaration

—Acquittal after relying upon ~—Improper.# 5117

—Conviction—on ~.# 5124 —Conviction—on discrepancy between

FIR and ~—Effect.# 4309

—Dacoity with murder—Proof by ~ .# 4964 —Discrepant between version of eye-

witness and ~—Effect.# 4357 —Existence of.# 4385 —Murder case proof by.# 4384

—Oral ~ .# 4501 —Reliability.# 4554 —Reliability.# 4554

—Reliance of ~—Effect.# 4534

—Reliance of ~—Scope.# 4535 —Reliance on.# 4884

—Reliance on—~ and evidence of

relation witness—Scope.# 4537

—Reliance on—~—Effect.# 4534

—Reliance on—~—Scope.# 4535 —Scope.# 4539 —Unreliable.# 4248 —Unsustainable.# 4389

—No name in ~—Effect.# 4476

E

Effect —Absence of blood on clothes of

witness—~.# 4212

—Absence of Corroboration—~.# 4819 —Absence of intention to cause

death—~.# 4598 —Absence of overt act against relative

of husband—~.# 5116

—Absence of—Corpus delicit—~.# 4212

—Absence of—external marks—~.# 4841 —Absence of—independent witness—

~.# 4136 —Absence of—pre-meditation to cause

murder—~.# 4214 —Absence of—proof of motive and

conspiracy—~.# 4215 —Absence of—semen stains on clothes

of prosecutrix—~.# 4843 —Acquittal due to doubtful evidence—

~.# —Acquittal—due to doubtful

evidence—~.# 4012 —Acquittal—due to insufficient

evidence—~.# 4218 —Acquittal—of co-accused in separate

trial—~.# 4219

—Acquittal—of co-accused—~.# 4220 —Acquittal—of some of the accused—

~.# 4221 —Causing death—of person other than

intended—~.# 4074

—Child abuse—~.# 4832

—Child rape—~.# 4853

XXIV Supreme Court on Criminal Law

SC-4

—Complaint not containing details of

motives as spoken by witness—~.# 5166 —Concealment of genesis of incident—

~.# 4289

—Confession by co-accused—~.# 4293 —Conclusive evidence .# 4289 —Consent of mentally challenged

prosecutrix—~.# 4859

—Consent of prosecutrix—~.# 4861

—Consistent evidence—~.# 4294 —Contradiction between medical

evidence and eye-witness—~.# 4296

—Contradiction in evidence—~.# 4297

—Contradictory dying-declaration—~.# 5123

—Contradictory Statements—~.# 4865 —Contradictory—dying-declaration—

~.# 5123 —Contradictory—evidence regarding

time of occurrence—~.# 4299 —Conviction—on discrepancy between

FIR and dying declaration—~.# 4309 —Conviction—when wrong time of

recording of FIR—~.# 4726 —Dacoity—acquittal, reducing the

number of less than five ~ .# 4960

—Defective investigation—~.# 4342

—Deficiencies in prosecution case—~.# 4343 —Delay in conducting identification

parade—~.# 4968

—Delay in filing FIR—~.# 4441 —Delay in holding test identification

parade—~.# 4955 —Delay in identification parade or

identification of property—~.# 4973

—Delay in lodging FIR—~.# 5167 —Delay in recording statement of

witness—~.# 4771 —Delay in—Examination of witness by

I.O.—~.# 4344 —Delay in—filing FIR and failure to

make recovery—~.# 4346

—Delay in—filling FIR—~.# 4346 —Delay in—furnishing copy of FIR—

~.# 4346 —Delay in—lodging FIR and non-

recovery of weapon—~.# 4347

—Delay in—Lodging Fir—~.# 4347 —Delay in—recording statement of

solitary eye-witness—~.# 4348 —Delay in—recording statement of

witness—~.# 4350 —Delay in—recording testimony of eye-

witness—~.# 4351 —Delay in—sending FIR to

Magistrate—~.# 4351

—Delay in—trial and investigation—~.# 4353

—Delayed delivery of judgment—~.# 4353 —Discrepancies—and inconsistencies

as to the time of occurrence—~.# 4354 —Discrepancies—between medical

evidence and eye-witness—~.# 4355

—Discrepancies—in evidence—~.# 4385 —Discrepancies—in prosecution

witnesses—~.# 4357 —Discrepancies—regarding place of

occurrence—~.# 4357 —Discrepancy in oral and medical

evidence—~.# 4772 —Discrepancy in regard to use of fire

arms—~.# 4726 —Discrepant between version of eye-

witness and dying declaration—~.# 4357 —Dispute regarding place of

occurrence—~.# 4358

—Doubtful dying-declaration—~.# 4358

—Doubtful evidence—~.# 4620 —Doubtful—observation of Incident—

~.# 4382 —Doubtful—presence of eye-witness at

Subject Index XXV

SC-4

place of occurrence—~.# 4382 —Dowry Death – Mere presence of

accused at the place of occurance—~.# 4020 —Evidence contrary to medical

evidence—~.# 4401 —Evidence of prosecutrix and her

conduct unreliable—~.# 4796 —Failure of complainant to identify—

~.# 4951 —Failure to hold test identification

parade—~.# 4951 —Failure to prove criminal breach of

trust by banker—~.# 4988 —Failure to prove ingredients of

offence—~.# 4829 —Failure to prove—participation of

some of the accused in crime—~.# 4413

—Failure to—frame charge—~.# 4608 —Failure to—produce confessional

statement—~.# 4412 —Failure to—prove demand of dowry—

~.# 4681

—Failure to—prove motive—~.# 4413 —Failure to—prove participation of

some of the accused in crime—~.# 4413 —Failure to—send offending ritle to

ballistic expert—~.# 4413

—False explanation by accused—~.# 4413

—Identy doubtful—~.# 4730 —Improvement in evidence by

witnesses—~.# 4731 —Inconsistency relating to distance—

~.# 4423

—Infirmities—in evidence—~.# 4425 —Infirmities—of weapon of offence—

~.# 4426

—Infirmity in writing of FIR—~.# 4731

—Interested witness—~.# 4434

—Long delay in filing FIR—~.# 4441

—Medical evidence—not produced—~.#

4541 —Minor contradiction and

improvement in evidence — ~.# 5071 —Minor discrepancy—in the testimony

of witneses—~.# 4448

—Minor variation in evidence—~.# 4450 —Misreading to evidence on record—

~.# 4450

—No blood found on spot—~.# 4476

—No name in dying-declaration—~.# 4476

—No proof of forcible rape—~.# 4895 —No proof of—involvement of appellant

in crime—~.# 4476 —Non mentioning of particular of crimes and names of person in

complaint—~ .# 5163 —Non-compliance of Proceduse Code—

~.# 4478 —Non-consideration of testimony of

defence witness—~.# 4896 —Non-examination of independent

witness—~.# 4482 —Non-examination of—Ballistic

Expert—~.# 4480

—Non-examination of—doctor—~.# 4896 —Non-examination of—independent

witness-~.# 4136 —Non-examination of—interested

witness—~.# 4486 —Non-examination of—Investigating

Officer—~.# 4486 —Non-examination of—material

witness—~.# 4487 —Non-examination of—other witness—

~.# 4897 —Non-examination of—some witness—

~.# 4488 —Non-explanation injuries on accused

by Prosecution—~.# 4773 —Non-explanation of injuries on

accused—~.# 4155

XXVI Supreme Court on Criminal Law

SC-4

—Non-explanation of injuries

sustained by accused—~.# 4732 —Non-explanation of injuries—on

accused by Prosecution—~.# 4773 —Non-explanation of injuries—

sustained by accused—~.# 4732 —Non-explanation of—injuries on

accused—~.# 4733

—Non-explanation of—injuries—~.# 4160 —Non-explanation of—minor injuries

by prosecution—~.# 4488 —Non-explanation of—simple inquiries

found on the person of accused ~ .# 4492 —Non-holding of test identification

parade—~.# 4825 —Non-mentioning of some of the

injuries by prosecution—~.# 4494

—Non-production of—seizure—~.# 4494 —Non-production of—weapon of

offence—~.# 4426 —Non-recovery of weapon by

prosecution—~.# 4496 —Non-recovery of weapons of offence—

~.# 4633 —Non-registration of FIR for custodial

death—~.# 4496 —Non-sending of fire arms and empties

for comparison to F.S.L.—~ .# 4732 —Non-sending of—weapon to Ballistic

Expert—~.# 4467 —Ocular evidence corroborated by

medical evidence—~.# 4498

—Omissions and contradictions—~.# 4500 —Omissions and contradictions—in

evidence of eye-witness—~.# 4499

—Place of—incident doubtful—~.# 4507 —Plea of non-explanation of injuries on

accused—~.# 4733

—Positive evidence—~.# 4516

—Possibility of other cause of death—

~.# 4516

—Preparation to commit dacoity—~.# 4981 —Presence of accused at place of

occurrence doubtful—~.# 4733

—Prosecutrix a minor girl—~.# 4901


—Recoveries doubtful—~.# 4025

—Refund of sum embezzled ~.# 5009

—Reliance of dying declaration—~.# 4534

—Reliance on—dying declaration—~.# 4622 —Reliance on—testimony of sole

witness—~.# 4549 —Robbery and murder small value

Article—~.# 4551

—Absence of—substantive charge—~.# 4215 —Series doubt about truthfulness of

prosecution case—~.# 4552

—Sole eye-witness—~.# 4554 —Solitary eye witness—turning

hostile—~.# 4555 —Solitary injury .# 4157 —Solitary witness close relative and

interested witness—~.# 4558

—Suppression of material facts—~.# 4586 —Time and place of incident doubtful—

~.# 4590

—Two possibilities—~.# 4957 —Unexplained injuries to some of the

accused—~.# 4195 —Unsoundness of mind of accused—

~.# 4593 —Variance between medical evidence

and ocular evidence—~.# 4594 —Variance in testimony of medical and

ocular evidence—~.# 4594 —Victim committing suicide before

commencement of trial ~.# 4931

—Wrong information—~.# 4595

Subject Index XXVII

SC-4

—Wrong mentioning of first name—~.# 4595

Effect of —Absence of—independent evidence—

~.# 4213 —Contradiction and improvements in

evidence—~.# 4295 —Contradictory—evidence regarding

spot—~.# 4298

—Death of accused party—~.# 4326

—Delay in filing FIR—~.# 4664

—Delayed evidence—~.# 4354 —Expert evidence—Non-drawing

attention of accused—~.# 4403 —Identification of accused—Non-

mentioning of source of light—~.# 4419

—Improvement—~.# 4423

—Non-corroboration of—evidence—~.# 4479 —Non-corroboration of—testimony—

~.# 4479 —Non-examination of independent

witness—~.# 4482

—Overt act committed by accused—~.# 4505

—Sole evidence of prosecutrix—~.# 4923 —Variation between eye-witness and


Elements of —criminal conspiracy—Determination.# 4960

—Dacoity—~.# 4959

empties for comparison

—Non-sending of fire arms and ~ to F.S.L.—Effect.# 4732

endangering life —Grievous hurt knowledge of ~.# 4748

Enmity between parties

—Murder ~.# 4453

Enmity —Determination.# 4392

Essential ingredient —of trespassing—Determination.# 4678 —offence of assault or criminal force to women with intent to outrage her modesty—Determination.# 4804

Essential ingredient of —dowry death—Determination.# 5058 —attempt to murder—Requirement.# 4724

—Crime of rape—~.# 4833 —criminal breach of trust by public servant—Requirement.# 4990

—Mischief—~.# 5046 —offence of cheating—Determination.# 5022 —offence of dishonest misappropriation of property—Determination.# 4984 —offence of gang rape—Determination.# 4876

Essential —requisites for cheating—Determination.# 5036

establish motive —Proof to ~, illicit intimacy—Determination.# 4519

Evidence Act —Presumption—under Section 113-B,

~.# 4685

evidence and proof

—Common object~.# 4090

Evidence and proof .# 4392

evidence by Court

—Sifting of ~—Permissibility.# 4553

evidence by witnesses —Improvement in ~—Effect.# 4731

Evidence contrary —to medical evidence—Effect.# 4876

evidence for conviction

—Reliable ~—Determination.# 4926

XXVIII Supreme Court on Criminal Law

SC-4

—Sufficient ~—Determination.# 4926

—Sufficient ~—Scope.# 4927

Evidence for —age of prosecutrix of school leaving certificate—Reliability.# 4877 —conviction—Scope.# 5124

Evidence of accomplice —Cheating—~.# 5028

Evidence of doctor .# 4623

Evidence of eye-witness .# 4121 —Omissions and contradictions—in

~—Effect.# 4500

evidence of identification —Dacoity proof by ~ in T.I. Parade .# 4963

evidence of murder

—Charge of disappearing ~.# 4014

evidence of offence —To prove charge causing

disappearance of ~—Requirement.# 4028

Evidence of prosecutrix —and her conduct unreliable—Effect.# 4796

—Sole ~—Effect of.# 4923

—Sole ~—Reliability of.# 4924

—Sole ~—Scope.# 4925

—Solitary ~—Scope.# 4925

evidence of victim —Rape case conviction of on sole

reliable ~.# 4912

evidence of wife

—Conviction—on ~ of deceased—Reliability.# 5062

—Solitary ~ of deceased—Scope.# 4974

evidence of —eye-witnesses .# 4401 —father regarding age of prosecutrix—Reliability.# 4883 —prosecutrix and her conduct unreliable—Effect.# 4883 —prosecutrix without corroboration—

Improper.# 4883 —prosecutrix—Determination.# 4884 —prosecutrix—Reliance on.# 4884

—Reliance on—dying declaration and ~ relation witness—Scope.# 4537 —Scope.# 4885 —wife of deceased—Reliance on.# 4402

evidence on record

—Misreading to ~—Effect.# 4450

evidence regarding

—Contradictory—~ time of occurrence—Effect.# 4299

evidence unreliable

—One portion of ~—Permissibility.# 4501

evidence.# 4729

—Contradictory—~—Effect.# 4865

—Murder—~—Motive—Murder—Circumstantial Evidence.# 4155

—Non-corroboration of—~—Effect of.# 4479 —words and phrases - Expression soon before death.# 4679

Evidentiary value —medical and oral—Determination.# 4825 —of deposition .# 4124

—Testimony of prosecutrix—~.# 4887

Evidentiary value of —inquest report—Explained.# 4403 —solitary witness—Determination.# 4188

Examination of witness

—Delay in—~ by I.O.—Effect.# 4344

examination of —Delay in—~ witness by police—Fatal.# 4345

examine injured witness —Failure to ~.# 4132

Exceeding right —private defence .# 4624

Subject Index XXIX

SC-4

Exceeding right of —private defence test of detached objectivity .# 4073

Exception 4 —Applicability of—~—Determination.# 4443

—Factors to be satisfied to invoke ~—Determination.# 4132

—Invocation of ~—Requirement.# 4140

—Sudden fight—Benefit of ~—Availability.# 4189

exception

—Applicability of—~—Requirement.# 4039

Exceptions 1 and 4 —Comparison and distinction

between—~—Determination.# 4092

—ifference between ~—Determination.# 4115

exclusive possession of

—Recent ~ stolen property and presumption of theft.# 4937

executing Govt. work

—Obtaining payment without ~ cheating.# 5037

exercising of

—Plea of ~ right of private defence—Scope.# 4550

Existence of wrongful confinement —Determination.# 4800

Existence of —abetment of suicide—Requirement.# 4707

—Common object—~.# 4090 —common object—Determination.# 4090

—Dying declaration—~.# 4118

existing law in force

—Offence need to be under ~ in India.# 4825

Expert evidence —Non-drawing attention of accused—Effect of.# 4403

Explained —Main ingredients of dowry death—~.# 4682

—Meaning of fight—~.# 4142 —Minimum number required to form

unlawful assembly—~.# 4445

explanation by accused

—False ~—Effect.# —injuries on him—Requirement.# 4403

Explanation

—Dowry death and cruelty—~.# 5136 —Rape.# 4833

Explanation of —injuries on the person of accused—Requirement.# 4404

Explosive substance .# 5049

explosive —Mischief by fire or ~.# 5050

Expressed

—Meaning of carnal knowledge—~.# 4894

—Meaning of dowry—~.# 4682

—Relevancy of soon before—~.# 4686 —Evidence - words and phrases -

~soon before death.# 4679

external marks


Extortion and theft —Distinction.# 4945

Extortion by putting —to fear and death .# 4948

Extortion —and criminal intimidation .# 4947

Extortion.# 4944

Extra judicial confession .# 4049

extra judicial confession

—Conviction—on ~—Reliability.# 4311

XXX Supreme Court on Criminal Law

SC-4

—made before strangers—Plea of unsustainable.# 4404 —Reliability.# 4404

—Reliance on ~—Requirement.# 4409 —Scope.# 4404

Extradited for —Restriction on trial of person

extradited —~ lesser offence.# 4820

Extra-judicial —confession .# 4125

Eye witness.# 4129 —is relative of deceased—Credibility.# 4129 —Contradiction between medical

evidence and ~—Effect.# 4296 —Discrepancies—between medical

evidence and ~—Effect.# 4355

—Doubtful—presence of ~ at place of occurrence—Effect.# 4382 —Permissibility.# 4539

—Presence of—~ at the place of incident—Determination.# 4517

—Reliability of—~—Determination.# 4530

—Reliance on—~.# 4884

—Reliance on—~—Scope.# 4884

—Testimony of ~—Determination.# 5072

—Testimony of ~—Scope.# 5060

—Variation between ~ and medical evidence—Effect of.# 4595

—Evidence of—~.# 4121 —Determination.# 4530 —Reliability.# 4554 —Reliable.# 4408

F

F.I.R. lodged —by victim for rape - Question of making out offence against accused.# 4887

Factors to —be considered for imposition of death sentence—Determination.# 4410 —be satisfied to invoke Exception 4—Determination.# 4132

Failure of —complainant to identify—Effect.# 4951

Failure to hold test —identification parade—Effect.# 4951

failure to make recovery —Delay in—filing FIR and ~—Effect.# 4346

Failure to prove —criminal breach of trust by banker—Effect.# 4988 —demand of dowry—Effect.# 4681 —ingredients of offence—Effect.# 4829 —motive—Effect.# 4145 —participation of some of the accused in crime—Effect.# 4413 —undue force to marry or have intercourse—Determination.# 4887

Failure to —examine injured witness .# 4132 —frame charge—Effect.# 4680 —hold test identification parade—Effect.# 4951 —produce confessional statement—Effect.# 4421 —prove demand of dowry—Effect.# 4681 —prove involvement in offence—Determination.# 4412 —prove motive—Effect.# 4413 —prove participation of some of the accused in crime—Effect.# 4413 —send offending ritle to ballistic expert—Effect.# 4413

False explanation —by accused—Effect.# 4413

False implication —Chances of.# 4414

Subject Index XXXI

SC-4

—Plea of—consenting party and ~—Unsustainable.# 4900

Falsification —by banker .# 5077 —conspiracy by Govt. servants need of sanction .# 5078 —of document with intent to defraud .# 5077 —of Transport permits .# 5078

Fatal injury —Determination of.# 4415

Fatal —Delay in—examination of witness by

police—~.# 4345

fear and death

—Extortion by putting to ~.# 4948

feast invitation —Plea of—~—Untenable.# 4514

features of

—Description or ~ dacoits to police need before T.I. Parade identification .# 4968

filing FIR and failure

—Delay in—~ to make recovery—Effect.# 4346

filing FIR

—Delay in ~—Effect.# 4664

—Delay in—~ and failure to make recovery—Effect.# 4346

Finding of fact —Interference of.# 4415

FIR for custodial death

—Non-registration of ~—Effect.# 4496

fire arms and empties

—Conviction when non-recovery of ~—Validity.# 5062

—Non-sending of—~ for comparison to F.S.L.—Effect.# 4497

fire arms

—Non-sending of ~ and empties for comparison to F.S.L.—Effect.# 4732

fire

—Plea of accidental—~—Unsustainable.# 4511

First Information Report —whether ante-timed.# 4133

first name

—Wrong mentioning of ~—Effect.# 4595

Fit case for imposition of death

sentence—Determination.# 4784

Fit case for offence —Applicability.# 4134

Fit case for —conviction—Justification.# 4416 —death sentence—Determination.#4416 —imposition of death sentence—Determination.# 4784

Fit case —for imposition of death sentence—Determination.# 4826

for crime

—Motive—~—Determination.# 4450

for public servant —Sanction need of ~.# 5009

for T.I. Parade refusal

—Dacoity—demand by accused ~.# 4963

force to marry

—Failure to prove undue ~ or have intercourse—Determination.# 4825

forcible rape

—No proof of ~—Effect.# 4895

foreign countries —Counterfeiting currency notes and

bank notes of ~.# 5101

Forged document —used in Court complaint by Court need of .# 5078

XXXII Supreme Court on Criminal Law

SC-4

forged permit knowing

—Possession of ~ it to be forged .# 5084

forged —Possession of forged permit knowing

it to be ~.# 5084

Forgery .# 5079

Forgery by —material attention .# 5082

Forgery of —currency notes.# 5101

Forgery —abetment .# 5082

—Removal of stamps and reusing them

~.# 5085

Form of —Unlawful assembly—~.# 4186

found on spot

—No blood ~—Effect.# 4476

frame charge

—Failure to—~—Effect.# 4708

Framing of charge —Scope.# 4709

fraudulently gone —Marriage ceremony ~ through.# 5111

Fraudulently preventing —debt being available from creditors .# 5045

free fight —Causing death—in ~ by single blow .# 4075

—Murder—in ~ Inference of common object.# 4148

full information

—Furnishing of ~ to Doctor necessary.# 4417

furnishing copy

—Delay in—~ of FIR—Effect.# 4871

Furnishing of —full information to Doctor necessary.# 4417

G

Gang rape

—Common intention of ~—Proof of.# 4858

—Essential ingredients of offence of ~—Determination.# 4876 —Requirement.# 4888

general provision —Cheating—Special provision vis-a-vis

~.# 5029

genesis of incident

—Concealment of ~—Effect.# 4289

Giving false —evidence .# 4008

good faith

—Defamation ~ as defence .# 5158

Government servants —Cheating by—~.# 5032

Government stamp —Sale of or possession of counterfiet

~.# 4551

Grant of —Benefit of doubt .# 4766

Grant of benefit —of doubt—Scope.# 4766

Grave and sudden Provocation

—Murder on ~.# 4631

Grave and sudden —provocation .# 4049

Grievous hurt .# — knowledge of endangering life .# 4748

—Murder or culpable homicide or ~.# 4750 —or culpable homicide not amounting to murder .# 4749

—Requirement for ~—Interpretation.# 4746 —Robbery or dacoity with attempt to

cause death or ~.# 4979

Subject Index XXXIII

SC-4

Grievous injuries —and premediated attack .# 4131 —Conviction—for common intention to

cause ~—Determination.# 4778

ground of settlement —Reduction of sentence on the ~ between parties—Permissibility.# 4778

ground of

—Acquittal—on the ~ acquittal of co-accused—Validity.# 4223

H

handwriting expert —Determination of forgery assistance

by ~.# 5077

harassment for dowry

—Cruelty and ~—Meaning of.# 5126

harassment to wife

—Cruelty or ~—Requirement.# 5127

Harassment —Dowry death—~—Dowry demand.# 4672 —Requirement of.# 5138

Head injury .# 4136

Hearing the married woman

—Adultery prosecution ~ involved in adultery.# 5113

higher than —Inducing to pay price ~ its worth.# 5036

Hindu Marriage Act —Bigamy offence under the ~.# 5105

Hire purchase agreement 4991 —Nature of. 4991#

holding test

—Delay in ~ identification parade—Effect.# 4955

Homicidal death —Determination.# 4418 —Nature of.# 4418

—Solitary circumstance of ~—Scope.# 4555

Homicide of —one not aimed at.#

Hostile witness —Determination.# 4418 —Scope.# 4419

house trespass.#

—Conviction for ~—Requirement.# 5059

human manner

—Death of deceased in a ~.# 4020

I

identification by light 4961 Identification by

—Murder case proof ~ moon light .# 4472

identification evidence

—Dacoity—~ need of cautious approach .# 4962

fvd

—Chances of ~ at night—Determined.# 4246 —Determination.# 4419 —in the light of earthen lamp .# —Non-mentioning of source of light—Effect of.# 4419 —Validity.# 4555

identification of property

—Delay in identification parade or ~—Effect.# 4973

Identification parade .#

—Delay in ~ or identification of property—Effect.# 4973

—Delay in holding test ~—Effect.# 4973

—Failure to hold test ~—Effect.# 4951 —Scope.#

—Test ~—Reliance on.# 5060

XXXIV Supreme Court on Criminal Law

SC-4

identification —Description—or features of dacoits to

police need before T.I. Parade ~ .# 4968 —Determination.# 4969 —Scope.# 5046

Identity of accused —Relevancy of.# 4421

identity of victim

—Disclosure of ~ in sexual offence—Impermissible.# 4033

identity of —Restriction on ~ victim of certain offences—Scope.# 4922

Identy doubtful —Effect.# 5071

illicit intimacy —Proof to establish motive, ~—Determination.# 4519

ill-treatment —Proof of ~—Determination.# 4685

Immaterial

—Minor discrepancy—in evidence—~.# 4144

immunity to wife

—Adultery offence ~ vires of the provision.# 5111

Impermissibility

—last seen theory—~.# 4892 —Leniency in awarding of sentence—

~.# 4892

—Presumption of mens rea—~.# 5101

—Reduction of sentence—~.# 5145

Impermissible —Disclosure of identity of victim in

sexual offence—~.# 4033

Implies mutual provocation

—Sudden fight—~.# 4060

imposition of death sentence

—Fit case for ~—Determination.# 5052

—Rarest of rare case for ~—Validity.# 4826

Imposition of —death sentence—Scope.# 4726

—Factors to be considered for ~ death sentence—Determination.# 4410

—Fit case for—~ death sentence—Determination.# 5052

—Rarest of rare case—for ~ death sentence—Validity.# 4826

imprisonment for life —Death sentence—of ~—Scope.# 4977

imprisonment for period

—Sentence reduced to ~ already under—Justifiability.# 4552

imprisonment for

—Sentence reduced to ~ period already under—Justifiability.# 4642

imprisonment sentence

—Convict undergoing life ~ on subsequent conviction Sentence concurrent or consecutive .# 4303

Improper appreciation —of evidence—Unsustainability.# 4422

Improper —Acquittal after relying upon dying

declaration—~.# 4702 —Acquittal—solely based on defective

investigation—~.# 4224 —Calculation of time of incident on the

basis of probabilities—~.# 4720 —Conviction under a provision in the absence of charges under that

particular provision—~.# 4770

—Dropping of proceedings—~.# 4384 —Evidence of—prosecutrix without

corroboration—~.# 4883 —Reduction of sentence without

assigning reason—~.# 4956 —Reduction of sentence—without

assigning satisfactory reasons—~.#

Subject Index XXXV

SC-4

4639

—relation witness—~.# 4026

—Retrial—~.# 4550

improvement in evidence

—Minor contradiction and ~— Effect.# 5071

Improvement —Effect of.# 4295

Improvement in —evidence by witnesses—Effect.# 4731

improvements in evidence —Contradiction and ~—Effect of.# 5071

in evidence —Discrepancies—~—Effect.# 4355

—Minor discrepancy—~—Immaterial.# 4448

—Minor variation ~—Effect.# 4450

in filing FIR

—Long delay ~—Effect.# 4441

in prosecution witnesses —Discrepancies—~—Effect.# 4357

in viscera —Death—by poisoning Poison not

proved to be ~.# 4110

inadequate to repair

—Section 330 ~ the wrong done to citizen.# 4788

incident doubtful —Place of—~—Effect.# 4760

—Time and place of ~—Effect.# 4590

incident

—Time of—~—Determination.# 4591 —took place at the spur of a moment .# 4423

inconsistencies as

—Discrepancies—and ~ to the time of occurrence—Effect.# 4354

Inconsistency —relating to distance—Effect.# 4423

independent evidence

—Absence of—~—Effect of.# 4213 —Applicability.# 4424 —Unreliable.# 4424

independent eye-witness —Reliance on—testimony of ~.# 4546

Independent witness .#

—Absence of ~—Effect.# 4136

—Non-examination of ~—Effect.# 4482

—Non-examination of ~—Justification.# 4483

India —Offence need to be under existing law

in force in ~.# 4825

Individual responsibility —Determination.# 4425

Inducing to pay price —higher than its worth.# 5036

infant girl —Outraging modesty of

1—~.# 5157

Inference of

—Absconding—~.# 4211

—Murder—in free fight ~ common object .# 4148

Infirmities —in evidence—Effect.# 4425 —of weapon of offence—Effect.# 4426

Infirmity in —writing of FIR—Effect.# 4731

ingredient of trespassing

—Essential ~—Determination.# 4782

Ingredients for —public servant unlawfully buying or bidding for property—Determination. # 4002

Ingredients of dowry death —Determination.# 4682

ingredients of offence

—Failure to prove ~—Effect.# 4829 —under Section 477-A .# 5082

1 Outraging modesty of

XXXVI Supreme Court on Criminal Law

SC-4

Ingredient of

—Culpable homicide—~.# 4041 —Dishonestly receiving or retaining

stolen property ~.# 5051

—Crime of rape—~.# 4869

—Criminal breach of trust—~.# 4987 —dowry death—Determination.# 4678

—Essential ~ criminal conspiracy—Determination.# 4989 —offence for causing disappearance of evidence—Determination.# 4021 —offence of cheating—Determination.# 5022 —offence of criminal breach of trust—Determination.# 4889

—Offence of rape—~.# 4883 —Outraging modesty of—a woman—

~.# 5172

ingredients.# —Bigamy offence ~.# 5106


—Lurking house trespass by right ~.# 5084

—Theft ~.# 4939

Injured eye-witness —Reliability.# 4426

—Reliance on—~ and child witness—Scope.# 4816

—Reliance on—testimony of ~—Scope.# 4816

injured witness

—Appreciation of evidence—of ~—Determination.# 4606

—Non-examination of—~—Reliability.# 4484

injuries by prosecution —Non-explanation of—minor ~—Effect.# 4488

—Non-mentioning of some of the ~—Effect.# 4494

Injuries caused —by lethal weapon .# 4137

injuries of accused

—Non-explanation on the ~—Interference.# 4494

injuries on accused

—Non-explanation of ~—Effect.# 4632

injuries on —Explanation by accused ~ him—Requirement.# 4403

—Explanation of ~ the person of accused—Requirement.# 4404

—Non-explanation of—~ the person of accused—Sustainability.# 4419

injuries sustained

—Non-explanation of ~ by accused—Effect.# 4732

Injury for —causing death—Determination.# 4427

injury to another

—Common object—to offend one but ~ effect .# 4753

inquest report

—Evidentiary value of ~—Explained.# 4124

insanity

—Plea of—~—Scope.# 4515

instead of death sentence

—Life imprisonment ~—Propriety.# 5064

instead of Section —Conviction—under Section 304 Part I

~ 302—Justification.# 4608

instead of

—Conviction under Section 411 ~ Section 412—Validity.# 5013

—Conviction—under Part II ~ Part I—Determination.# 4607 —Conviction—under Section 304 Part

II ~ Section 302—Scope.# 4608

—Conviction—under Section 323 ~ Section 302—Scope.# 4754

Subject Index XXXVII

SC-4

instruction

—Stop payment ~ bouncing of cheque.# 5042

Insufficient evidence

—Acquittal—due to ~—Determination.# 5089 —Acquittal—for offence of murder with

common object due to ~ Determination.# 4219

Insufficient proof of —criminal breach of trust by public servant—Determination.# 4990

insult the modesty

—Intrusion upon privacy intending to ~ of a woman.# 5171

intent to defraud

—Falsification—of document with ~.# 5077

—Words and Phrases—~.# 5094

intent to outrage —Essential ingredients offence of assault or criminal force to women with

~ her modesty—Determination.# 4804

Intention of accused —Determination.# 4629

Intention of

—Committing murder—~.# 4285

Intention prevailing —Determination.# 4428

intention to kill —Absence of ~—Determination.# 4598 —Determination.# 4598

Intention to murder —Determination.# 4731

intention to —Absence of ~ cause death—Determination.# 4050 —cause death—Determination.# 4050 —kill—Determination.# 4139

Intention —Conviction—~—Determination of.# 4313

—to cause death—Determination.# 4629 —to kill—Determination.# 4630

intercourse —Failure to prove undue force to marry

or have ~—Determination.# 4825

interested witness.#

—Appreciation of ~—Scope.# 4238

—Non-examination of—~—Effect.# 4481

—Reliance on testimony of ~—Scope.# 4816

—Reliance on testimony of ~—Scope.# 4816

—Reliance on—~—Scope.# 4884 —Reliance—Scope.# 4884 —Solitary witness close relative and

~—Effect.# 4558

Interfere of

—Concurrent finding—of fact—~.# 4291

Interference —Non-explanation on the injuries of

accused—~.# 4494

Interference of

—Concurrent finding—~.# 4291

—Finding of fact—~.# 4415

Interpretation

—Common object—~.# 4090

—Requirement for grievous hurt—~.# 4746

interrelation —Cruelty to wife u/s.498-A & dowry

death u/s. 304-B ~.# 5127

Intrusion upon —privacy intending to insult the modesty of a woman.# 5171

investigating agency —Act or omission of ~—Benefit of.# 4224

XXXVIII Supreme Court on Criminal Law

SC-4

Investigating Officer

—Non-examination of—~—Effect.# 4486

Invocation of —Exception 4—Requirement.# 4140

involvement of

—No proof of—~ appellant in crime—Effect.# 4476

J

Journalists .# 5161

judicial proceedings —Contradictory statements in two

different stages of ~ perjury .# 4008

Justifiability —Sentence reduced to imprisonment

for period already under—~.# 4642

—Imposition of death sentence—~.# 4784

Justification

—Acquittal —~.# 4658

—Acquittal—on doubtful evidence—~.# 4818 —Conviction—even after acquittal of

Co-accused—~.# 4306 —Conviction—under Section 304 Part I

instead of Section 302—~.# 4680

—Death sentence—~.# 4416

—Fit case for—conviction—~.# 4416 —Non-examination of independent

witness—~.# 4482 —Sufficient proof of conviction for—

dowry death—~.# 4693

K

Kidnapping

—Abducting, ~ etc. to compel marriage.# 4821

Kidnapping and murder —Proof—Benefit of doubt.# 4022

Kidnapping and murder —Proof—Benefit of doubt.# 4815

kill

—Intention to—~—Determination.# 4629

knife —Accused alleged to have assaulted

victim with ~.# 4763

Knowing her —to be pregnant—Scope.# 4892

Knowledge —or belief as to forgery using despite .# 5083

knowledge of —Grievous hurt ~ endangering life .# 4748

L

lack of Evidence

—Acquittal—~.# 4216

Last Seen theory —Burden of proof.# 4436 —Determination.# 4437 —Impermissibility.# 4540

—Reliance on ~—Scope.# 4921

—Reliance on—~.# 4257 —Scope.# 4258 —Unreliable.# 4389 —Unreliable.# 4424

Last seen together —Scope.# 4438

lawful authorities

—Accusation by one having ~ defence .# 5157

lawful owner

—Criminal trespass might of ~ to repel.# 5056

leaving certificate —Evidence for age of prosecutrix of

school ~—Reliability.# 4577

Subject Index XXXIX

SC-4

Legality of

—Acquittal—~.# 4616

Leniency in —awarding of sentence—Impermissibility.# 4893 —awarding of sentence—Scope.# 4892

lesser offence —Restriction on trial of person

extradited — Extradited for ~.# 4820

lethal weapon

—Injuries caused by ~.# 4137

letters of deceased —Dowry death—Prosecution rested its

case on three ~.# 4677

Liability for —medical negligence—Determination.# 4649

Liability of

—Publication of defamatory matter ~ Press and Power of High Court to punish contempt of subordinate Court .# 5161

—Unlawful assembly—~.# 4186

Liability of accused

—Dacoity with murder—~ .# 4964

liability of printer —Defamatory imputation in newspaper

or journal ~ or publisher or editor .# 5160

Libellous publication —Presumption against Editor.# 5181

life convicts

—Attempts by ~.# 4718 —Life imprisonment instead of death

sentence—~.# 4942

life imprisonment —Conversion of death sentence into

~—Scope.# 5051

—Death sentence of ~—Scope.# 5132

—Death sentence—or ~—Determination.# 4042 —Death sentence—when can be

commuted to ~—Determination.# 4336 —instead of death sentence—Propriety.# 4440 —instead of death sentence—Propriety.# 4942 —Requirement.# 4990 —to septua genemian convict .# 4441

life punishment —Reduction of sentence from capital

punishment to ~—Scope.# 4529 —Reduction of sentence—from capital

punishment to ~—Scope.# 4734

limitation —Prosecution in respect of property

mark ~.# 5100

lodging F.I.R


—Delay in—~ and non-recovery of weapon—Effect.# 4347

—Delay in—~—Effect.# 4441

Long delay —in filing FIR—Effect.# 4441

Lurking house —trespass.# 5047

M

Main ingredients of —dowry death—Explained.# 4682

Maintainability


make recovery

—Delay in—filing FIR and failure to ~—Effect.# 4346

making out —F.I.R. lodged by victim for rape -

Question of ~ offence against accused.# 4887

Marriage ceremony —fraudulently gone through.# 5111

marry or have

—Failure to prove undue force to ~ intercourse—Determination.# 4825

XL Supreme Court on Criminal Law

SC-4

material attention

—Forgery by ~.# 5082

material facts

—Suppression of ~—Effect.# 4586

Meaning of —Attempt to commit offence—~.# 5172

—Carnal knowledge—~.# 4853 —carnal knowledge—Expressed.# 4849



—Concealment of evidence—~.# 4017 —Cruelty and harassment for dowry—

~.# 51426

—Cruelty—~.# 4663

—Cruelty—~.# 4663



—Dowry—~.# 4678

—Offence of rape—~.# 4833

—Soon before—~.# 4688 —sudden fight—Determination.# 4191


Meaning of dowry —Expressed.# 4682

Meaning of fight —Determination.# 4142 —Explained.# 4142

Meaning of lawful guardian —Scope.# 4809

measures for

—Remedial ~ prevention of abuse of the provision—Determination.# 5146

medical and ocular evidence —Variance in testimony of ~—Effect.# 4594

medical and oral —Evidentiary value ~—Determination.# 4825

Medical evidence —and ocular evidence—Relevancy.# 4142

—Applicability of.# 4443

—Appreciation of ~—Scope.# 5026 —at variance with ocular evidence—Effect.# 4442

—Contradiction between ~ and eye-witness—Effect.# 4296

—Conviction on reliance on ~—Validity.# 5124

—Conviction—on reliance on ~—Validity.# 4019

—Discrepancies—between ~ and eye-witness—Effect.# 4594

—Evidence contrary to ~—Effect.# 4876

—Evidence contrary to ~—Effect.# 4876 —Necessity of.# 4443 —not produced—Effect.# 4442

—Ocular evidence corroborated by ~—Effect.# 4498

—Oral evidence corroboration from ~—Sufficient evidence of.# 4505

—Reliability of—~ vis-a-vis oral evidence—Scope.# 4531 —Reliability.# 4554 —Reliability.# 4554

—Reliance on ~ which contradicting with ocular evidence.# 4541

—Reliance on—~—Scope.# 4258 —Reliance on—oral evidence vis-a-vis

~—Scope.# 4541 —Reliance upon.# 4894 —Scope.# 4904

—Variance between ~ and ocular evidence—Effect.# 4594 —Variation between eye-witness and

~—Effect of.# 4595 —which contradicting with ocular evidence.# 4541

Medical jurisprudence .# 4445

medical negligence

—Liability for ~—Determination.# 4649

Subject Index XLI

SC-4

medical treatment

—Proper ~.# 4052

member of legislative body

—Defamation by ~.# 5159

member of unlawful assembly —Vicarious liability—of ~—Determination.# 5003

Mens rea

—Nature of ~—Determination.# 4155

—Presumption of ~—Impermissibility.# 5101

mentally challenged —Consent of ~ prosecutrix—Effect.# 4859

might of —Criminal trespass ~ lawful owner to repel.# 5056

mind of accused

—Unsoundness of ~—Effect.# 4593

Minimum number —required to form unlawful assembly—Explained.# 4445

Minor contradiction —and improvement in evidence — Effect.# 5071 —in evidence—Effect.# .4355

Minor discrepancy —in evidence—Immaterial.# 4448 —in the testimony of witneses—Effect.# 4448

minor girl

—Rape and murder—Victim, a ~.# 4908

Minor variation —in evidence—Effect.# 4450

misappropriation of property —Essential ingredients of offence of

dishonest ~—Determination.# 4984

Misappropriation of stridhan .# 5006

miscarriage

—Death during ~.# 4745

Mischief —Essential Ingredients of.# 4833

Mischief by fire —or explosive .# 5050

Misconception of fact

—Rape—Consent—~ .# 4834 —Voluntary consent or consent under


Misreading to —evidence on record—Effect.# 4450

misrepresentation & pre-requisite

—Cheating, ~.# 5034

modesty of women —Sufficient proof of offence of

outraging ~—Determined.# 4806

modesty of women —Sufficient proof of offence of

outraging ~—Determined.# 5172

modesty of —Intrusion upon privacy intending to

insult the ~ a woman.# 5171

Modesty —Defined.# 4805 —Essential ingredients offence of assault or criminal force to women with

intent to outrage her ~—Determination.# 4804

motive and conspiracy

—Absence of—proof of ~—Effect.# 4215

Motive —Determination.# 4044 —for crime—Determination.# 4450

—Murder—Evidence—~—Murder—Circumstantial Evidence.# 5124 —Proof of.# 4451

Motor accident case

—Nominal fine in ~.# 4477

motor vehicle

—Death by running over by ~.# 4645

Murder — Enmity between parties .# 4453

XLII Supreme Court on Criminal Law

SC-4

— Proof by circumstantial evidence .# 4454 — Right of self defence .# 4470 —and unlawful assembly.# 4452 —Appreciation of evidence—Probability of two views of story.# 4152 —Benefit of doubt.# 4153 —Burden of proof.# 4153 —by poisoning .# 4146 —Circumstantial evidence.# 4154 —Criminal trespass.# 5055

—Culpable homicide and ~—Distinction of.# 4041

—Culpable homicide—when it is ~—Determination.# 4109 —Determinative of nature of offence.# 4155 —Evidence—Motive—Murder—Circumstantial Evidence.# 4155 —Nature of.# 4418

—Non-explanation of ~.# 4160 —Non-explanation of injuries on accused.# 4632 —of Culpable homicide not amounting to murder—Determination.# 4148 —or culpable homicide or grievous hurt .# 4750 —Proof—Motive for murder established.# 4156 —Riots .# 4152 —Solitary injury.# 4153

—Sufficient evidence for—~—Determination.# 4769

Murder and robbery .# 4471

murder by unlawful assembly

—Sufficient evidence—of ~—Determination.# 4644

murder by

—Sufficient evidence for—~ unlawful assembly—Determination.# 4287

Murder case — Proof by child witness .# 4471

murder established

—Murder—Proof—Motive for ~.# 4156

Murder of wife —Unreliability.# 4472

Murder of —culpable homicide .# 4051

Murder on —Grave and sudden Provocation .# 4631

murder to

—Conspiracy —~—Determination.# 5078

murder with common intention

—Conviction—for ~ and attempt to murder—Scope.# 4724

Murder with —common intention—Determination.# 4474 —common intention—Requirement.# 4474

—Conviction—for ~ common intention—Scope.# 4724

Mutually —not inclusive—Sections 304-B 498-A.# 5142

Mutually not inclusive —Sections 304-B 498-A 4683

N

name of victim

—Non-disclosure of ~ of rape—Determination.# 4033

names of person —Non mentioning of particular of

crimes and ~ in complaint—Effect .# 4632

Natural witness —Determination.# 4644

Nature and meaning of rape —Determination.# 4833

Subject Index XLIII

SC-4

Nature of

—Attempt to commit murder—~.# 4716


—Dacoity and loot—~.# 4977

—Defamation—~.# 5152

—Hire purchase agreement—~.# 4991

—Homicidal death—~.# 4418 —Mens rea—Determination.# 4158

—Murder—~.# 4475

—Offence of rape—~.# 4833

nature of offence —Murder—Determinative of ~.# 4155

need of cautious approach

—Dacoity—identification evidence ~ .# 4962

need of ceremony

—Bigamy prosecution ~.# 5106

—need of ceremony.# 5106

need of finding

—Common object ~.# 4090

need of sanction —Falsification—conspiracy by Govt.

servants ~.# 5078

need of —Complaint of defamation ~ actual words .# 5158

need to

—Offence ~ be under existing law in force in India.# 4825

negligence

—Death caused by ~—Presumption of.# 4647

negligent driving —Rash and ~.# 4654

Negotiable Instruments Act —The matter is also governed by

Section 138 ~.# 5043

New Plea of —accused being Juveniles—Scope.# 4475

newspaper or journal

—Defamatory imputation in ~ liability of printer or publisher or editor .# 5160

No blood found —on spot—Effect.# 4476

No name in —dying-declaration—Effect.# 4476

No name —in dyig-declaration—Effect.# 4476

No proof —unlawful assembly—Effect.# 4477

No proof of —complicity of accused in the crime—Determined.# 4476 —forcible rape—Effect.# 4895 —involvement of appellant in crime—Effect.# 4476 —unlawful assembly—Effect.# 4477

Nominal fine —in Motor accident case .# 4477

Non mentioning of —particular of crimes and names of person in complaint—Effect .# 4632

Non-compliance of —Proceduse Code—Effect.# 4478

Non-consideration of —testimony of defence witness—Effect.# 4896

Non-corroboration of —evidence—Effect of.# 4479 —testimony—Effect of.# 4479

Non-disclosure of —name of victim of rape—Determination.# 4033

Non-drawing

—Expert evidence—~ attention of accused—Effect of.# 4403

Non-examination of —independent witness—Effect of.# 4481

XLIV Supreme Court on Criminal Law

SC-4

—independent witness-Effect.# 4481 —independent witness—Justification.# 4483 —injured witness—Reliability.# 4484 —interested witness—Effect.# 4486 —Investigating Officer—Effect.# 4486 —material witness—Effect.# 4487 —other witness—Effect.# 4897 —some witness—Effect.# 4488

Non-explanation injuries —on accused by Prosecution—Effect.# 4773

—Plea of ~ on accused—Effect.# 4488 —sustained by accused—Effect.# 4732

Non-explanation of —injuries on accused—Effect.# 4758 —injuries on the person of accused—Sustainability.# 4404 —injuries sustained by accused—Effect.# 4732 —injuries—Effect.# 4491 —injuries—on accused by Prosecution—Effect.# 4773 —minor injuries by prosecution—Effect.# 4488 —on the injuries of accused—Interference.# 4494

non-mentioning of

—Identification of accused—~ source of light—Effect of.# 4419 —some of the injuries by prosecution—Effect.# 4494

Non-production of —seizure—Effect.# 4495 —weapon of offence—Effect.# 4495

non-recovery of weapon

—Delay in—lodging FIR and ~—Effect.# 4664

non-recovery of

—Conviction when ~ fire arms and empties—Validity.# 4725 —weapon by prosecution—Effect.#

4496 —weapons of offence—Effect.# 4633

Non-registration of —FIR for custodial death—Effect.# 4496

Non-sending of —fire arms and empties for comparison to F.S.L.—Effect.# 4732 —weapon to Ballistic Expert—Effect.# 4497

not amounting to murder

—Culpable homicide—~.# 4613

not inclusive

—Mutually ~—Sections 304-B 498-A.# 4683

not murder —Culpable homicide—~.# 4613

not necessary

—Motive—Proof of When ~ .# 4450

not produced

—Medical evidence—~—Effect.# 4876

number of less —Dacoity—acquittal, reducing the ~ than five effect .# 4960

O

observation of Incident

—Doubtful—~—Effect.# 4382

Obtaining payment —without executing Govt. work cheating.# 5037

Ocular evidence corroborated —by medical evidence—Effect.# 4498

ocular evidence —Medical evidence—at variance with

~—Effect.# 4442 —medical evidence—which

contradicting with ~.# 4541 —Variance between medical evidence

and ~—Effect.# 4594

Subject Index XLV

SC-4

of fact

—Concurrent finding—~—Interfere of.# 4291

Offence —attempt to rape and murder .# 4162

—Bigamy ~ under the Hindu Marriage Act.# 5105 —Dowry Death—Cruelty by Husband

or his relative—~ are distinct and belong to different categories.# 4021 —need to be under existing law in force in India.# 4825

Offence by —public servant—Determination.# 4002

Offence by public servant—~.# 4442

offence for causing —Ingredients of ~ disappearance of evidence—Determination.# 4021

Offence of —cheating dispute regarding civil or criminal—Determination.# 5023

—Commission of ~ theft—Determination.# 4937

—Essential ingredients of ~ gang rape—Determination.# 4876

—Ingredients of ~ common object—Determination.# 4324

—Ingredients of ~ criminal breach of trust—Determination.# 4989

—Proof for ~ criminal breach of trust by public servant or by banker—Requirement.# 4990

—Sufficient proof of ~ outraging modesty of women—Determined.# 4806

offence of assault —Essential ingredients ~ or criminal force to women with intent to outrage her modesty—Determination.# 4804

offence of cheating

—Essential ingredients of ~—


—Ingredients of ~—Determination.# 5022

offence of dishonest

—Essential ingredients of ~ misappropriation of property—Determination.# 4984

Offence of murder .# 4022

offence of murder

—Acquittal—for ~ with common object due to insufficient evidence—Determination.# 4219

offence of outraging —Sufficient proof of ~ modesty of women—Determined.# 4806

Offence of rape —Ingredients of.# 4869 —Meaning of.# 4833 —Nature of.# 4833

offence on

—Unlawful assembly—~ common object number of accused falling below five .#4287

offence to disappear

—Causing evidence of ~—Scope.# 4014

old offence

—Sentence for ~—Determination.# 4949

Omissions and contradictions —Effect.# 4500 —in evidence of eye-witness—Effect.# 4499

on passport —Unauthorised endorsement ~.# 5086

on the ground

—Child thrown ~.# 4246

on the ground of

—Conviction—~ criminal conspiracy—Scope.# 4223

One portion of —evidence unreliable—Permissibility.# 4733

XLVI Supreme Court on Criminal Law

SC-4

or murder

—Culpable homicide—~ .# 4041

oral and medical evidence

—Discrepancy in ~—Effect.# 4772

oral dying declaration —Reliance on—~—Scope.# 4541

Oral evidence —corroboration from medical evidence—Sufficient evidence of.# 4505 —Reliability of—medical evidence vis-a-

vis ~—Scope.# 4531

—Reliance on—~ vis-a-vis medical evidence—Scope.# 4541

order to committing offence —In ~ punishable by imprisonment .# 5082

other intended

—Causing death—of person ~ than ~—Effect.# 4632

other persons

—Custody of ~.# 4322

other witness —Non-examination of—~—Effect.# 4480

Outraging modesty of —a woman—Ingredients of.# 4805 —infant girl.# 4806

overt act

—Absence of ~ against relative of husband—Effect.# 5116 —committed by accused—Effect of.# 4505

P

Participation in —assault doubtful—Determination.# 4766

participation of

particular of crimes

—Non mentioning of ~ and names of person in complaint—Effect .# 4632

—Non mentioning of ~ and names of person in complaint—Effect.# 4632

particular of

—Non mentioning of ~ crimes and names of person in complaint—Effect.# 5163

particular provision —Conviction under a provision in the

absence of charges under that ~—Improper.#4770 —Conviction under a provision in the

absence of charges under that ~—Improper.#4793

parties —Reduction of sentence on the ground

of settlement between ~—Permissibility.#4767

partner


partnership dealing —Cheating and—~.# 5031

partnership transactions


Passport offence


pellets for examination —Sending of ~—Determination.# 4552

penultimate act

—Attempt to commit offence ~ covered only if.# 5174

period already —Sentence reduced to imprisonment

for ~ under—Justifiability.# 4552

perjury —Contradictory statements in two different stages of judicial proceedings

~.# 4008

Permissibility —Benefit of doubt .# 4153


—Compounding of offence—~.# 5110

Subject Index XLVII

SC-4

—Defamation—Withdraw of

prosecution—~.# 5153

—eye-witness—~.# 4121 —One portion of evidence unreliable—

~.# 4501 —Quashing of proceeding of cheating—

~.# 5041 —Reduction of sentence on the ground

of settlement between parties—~.# 4767 —Reduction of sentence on the ground

of settlement between parties—~.# 4767

—Sifting of evidence by Court—~.# 4553

person of accused —Explanation of injuries on the ~—Requirement.# 4404 —Non-explanation of—injuries on the

~—Sustainability.# 4632 —Non-explanation of—simple inquiries

found on the ~ Effect .# 4492

Place of —incident doubtful—Effect.# 4507 —occurrence—Determination.# 4507

place of incident doubtful

—Time and ~—Effect.# 4590

Place of incident —Determination.# 4899

—Presence of—eye-witness at the ~—Determination.# 4517

—Presence of—witness at the ~—Determination.# 4517

place of occurance —Dowry Death – Mere presence of

accused at the ~—Effect.# 4020

place of occurrence doubtful

—Presence of accused at ~—Effect.# 4733

place of occurrence

—Discrepancies—regarding ~—Effect.# 4385

—Dispute regarding ~—Effect.# 4358 —Doubtful—presence of eye-witness at

~—Effect.# 4382

—Presence of accused at ~ doubtful—Effect.# 4733

Plea for —being juvenile—Scope.# 4508

Plea of —consenting party and false implication—Unsustainable.# 4900 —exercising of right of private defence—Scope.# 4634 —false implication when unsustainable—Determined.# 4901 —feast invitation—Untenable.# 4514 —insanity—Scope.# 4515 —non-explanation of injuries on accused—Effect.# 4632 —private defence—Unsustainable.# 4173 —right of defence—Availability.# 4634 —self defence .# 4052

—sudden and grave provocation—

Unsustainable.# 4515 —when unsustainable—Determined.# 4901

Plea of accidental —death—Rejection of.# 4511 —fire—Unsustainable.# 4511

Plea of Alibi —Acceptability.# 4512 —Availability.# 4851 —based on records relating to attendance—Untenability.# 4512 —Scope.# 4512 —Unreliable.# 4512 —Unsustainable.# 4512

plea of guilt —Admission by accused that he had

taken a wife If ~.# 5105

Plea of unsustainable —Extra judicial confession—made

before strangers—~.# 4404

XLVIII Supreme Court on Criminal Law

SC-4

Plea that —witnesses were relative—Unsustainable.# 4515

pledged —Criminal breach of trust by—~.# 4998

Poison not proved —Death—by poisoning ~ to be in viscera .# 4110

poisoning

—Death—by ~ Poison not proved to be in viscera .# 4110

Positive evidence —Effect.# 4516

possession of accused —Unauthorised entry by complainant

on land in settled ~.# 5057

possession of counterfiet

—Sale of or ~ Government stamp .# 4551

possession of stolen property —Dacoity—proof by recent unexplained

~ .# 4962

Possession of —forged permit knowing it to be forged .# 5084

—Benefit of ~ two views—Scope.# 4153 —other cause of death—Effect.# 4516

Power of accused —to inflict—Determination.# 4517

Power of Court —to take cognizance—Applicabilit.# 5093

Power of Court to take cognizance—~.#

5093

Power of High Court —to punish contempt of subordinate Court .# 5161

pregnant

—Knowing her to be ~—Scope.# 4892

premediated attack

—Grievous injuries and ~.# 4135

pre-meditation

—Absence of—~ to cause murder—Effect.# 4212

Preparation to —commit dacoity—Effect.# 4981

preplanned

—Murder—~ Mere presence of accused at P.O. .# 4152

presence of

—Doubtful—~ eye-witness at place of occurrence—Effect.# 4733 —eye-witness at the place of incident—Determination.# 4517 —witness at the place of incident—Determination.# 4517

Presence of accused —at place of occurrence doubtful—Effect.# 4733

—Dowry Death – Mere ~ at the place of occurance—Effect.# 4020

—Murder—preplanned Mere ~ at P.O. .# 4152

Press and Power —Publication of defamatory matter

liability of ~ of High Court to punish contempt of subordinate Court .# 5161

Presumption —as to dowry death—Determination.# 4683 —under Section 113-B, Evidence Act .# 4685

—Remedial measures for ~ abuse of the provision—Determination.# 5146

Presumption against Editor

—Libellous publication—~.# 5155

Presumption of —Abetment of suicide—~.# 4696

—Death caused by negligence—~.#

Subject Index XLIX

SC-4

4647

—Dowry death—~.# 4673 —mens rea—Impermissibility.# 5101 —receiving property stolen in dacoity.# 5018

—Recovery of articles—~.# 4538

Presumption of murder —Scope.# 4518

presumption of theft —Recent exclusive possession of stolen

property and ~.# 4937

Prevention of —Section 409, I.P.C. and Section 13 (1)

(c), ~ Corruption Act .# 5010

Previous crimity —between accused and deceased .# 4518

Principle of proportion —Applicability.# 4635

Principle of —res ipsa loquitor—Applicability of.# 4652

privacy intending

—Intrusion upon ~ to insult the modesty of a woman.# 5171

private defence

—Exceeding right ~.# 4624

—Exceeding right of ~ test of detached objectivity .# 4624

—Plea of exercising of right of ~—Scope.# 4634

—Right of ~.# 4550

Probability of

—Murder—Appreciation of evidence—~ two views of story.# 4152

Procedure .# 4969

Proceduse Code

—Non-compliance of ~—Effect.# 4478

proceeding of cheating —Quashing of ~—Permissibility.# 5041

produce confessional statement

—Failure to—~—Effect.# 4412

Prohibition Act —Benami Transaction and Benami

transaction ~ .# 5044

Prohibition against —travelling without pass or ticket.# 5038

Proof .#

—Cruelty and abetment of suicide—~.# 4704

—Kidnapping and murder—~—Benefit of doubt.# 4815

—Murder—~—Motive for murder established.# 4156

Proof by child witness

—Murder case ~ .# 4471

Proof by

—Dacoity with murder—~ dying declaration .# 4966

—Dacoity—identification ~ .# 4960

Proof for cheating —Determination.# 5039

Proof for —offence of criminal breach of trust by public servant or by banker—Requirement.# 4990

Proof of

—Bigamy—~.# 5104

—Common intention of Gang rape—~.# 4858


—Criminal breach of trust—~.# 4987 —demand of dowry—Scope.# 5143

—Dowry death—~.# 4354 —ill-treatment—Determination.# 4685

—Motive—~.# 4145

—Motive—~ When not necessary .# 4450

Proof of cheating.# 5039

Proof of entrustment .# 5006

L Supreme Court on Criminal Law

SC-4

Proof of evidence —Scope.# 5168

proof of motive

—Absence of—~ and conspiracy—Effect.# 4215

Proof to —establish motive, illicit intimacy—Determination.# 4519

Proper —medical treatment.# 4052

Proper identification —of accused by witness—Determination.# 4978

Property mark —and trade mark distinction.# 5099

—Prosecution in respect of ~ limitation.# 5100

Property.# 5007 —and valuable security cheating as to.# 5041 —subject matter of cheating.# 5040 —Conviction .# 5124 —Life imprisonment instead of death

sentence—~.# 4440


Prosecution .# 4148

—Sanction for ~.# 4991

prosecution by her relative —Death of aggrieved continuance of

the ~.# 5110

prosecution case

—Deficiencies in ~—Effect.# 4343 —Series doubt about truthfulness of

~—Effect.# 4552

prosecution evidence

—Reliability of—~—Scope.# 4530

Prosecution in —respect of property mark limitation.# 5100

Prosecution of .# 4052

—Death caused in ~ common object—Determination.# 4778

Prosecution rested

—Dowry death—~ its case on three letters of deceased.# 5136

prosecution witness

—Conviction—on sole testimony of ~.# 4311

—Discrepancies in ~—Effect.# 4115

Prosecutrix —a minor girl—Effect.# 4901

—Consent of mentally challenged ~—Effect.# 5167

—Evidence of ~—Reliance on.#

—Evidence of—~ and her conduct unreliable—Effect.# 4796

—Evidence of—~ without corroboration—Improper.# 4883

—Evidence of—~—Determination.# 4884

—Sole evidence—of ~—Scope.# 4925

Prosecutrix a ~—Effect.# 4901

prosecutrix of

—Evidence for age of ~ school leaving certificate—Reliability.# 4877

Prospective —Cruelty to woman presumption

under Section 113-A ~ or retrospective.# 5130

prove charge

—To ~ causing disappearance of evidence of offence—Requirement.# 4028

prove demand of

—Failure to—~ dowry—Effect.# 4681

prove involvement

—Failure to—~ in offence—Determination.# 4412

prove motive

—Failure to ~—Effect.# 4413

prove participation of

—Failure to—~ some of the accused in crime—Effect.# 4413

Subject Index LI

SC-4

Providing shelter homes —to rape victims—Applicability.# 4902

provision in

—Conviction under a ~ the absence of charges under that particular provision—Improper.# 4770

Public servant —Criminal breach of trust by—a ~.# 4998

—Defamation against ~ .# 5159

—Ingredients for ~ unlawfully buying

or bidding for property—

Determination.# 4002 —Offence by ~—Determination.# 4002 —unlawfully buying or bidding for property—Determination.# 4003

publisher or editor —Defamatory imputation in newspaper

or journal liability of printer or ~ .# 5160

punishable by imprisonment —In order to committing offence ~ .# 5082

Purports to be .# 5085

Q

Quantum of punishment —Determination.# 5107

Quantum of sentence —Determination.# 4522 —Effect.# 4534 —Scope.# 4023

quashing of

—Complaint of bigamy ~, for contradictory statements.# 5109 —Criminal Proceedings—Scope.# 4826 —proceeding of cheating—Permissibility.# 5041

—F.I.R. lodged by victim for rape - ~ making out offence against accused.# 4887

Quashing of charges —Validity.# 4638

R

Railway Receipt —Cheating by—interpolating ~.# 5033

Rape —Acquittal.# 4913 —Consent—Misconception of fact.# 4834 —conviction on uncorroborated testimony.# 4905 —Crime against society.# 4905 —delay in lodging F.I.R.# 4906

—Providing shelter homes to ~—Applicability.# 4902

Rape ~ uncorroborated testimony.# 4905

Rape and murder .# 4184

—Offence attempt to ~.# 4162 —Victim, a minor girl.# 4184

rape case.# —Camera trial.# 4910 —conviction of on sole reliable evidence of victim.# 4912

—Sentence in ~.# 4922

—Application of evidence in ~ Conduct of Victim after rape .# 4846

—Duty of Courts in ~.# 4875

rape victim

—Cross-examination of ~.# 4870

—Assistance to ~.# 4849

rare case

—Rarest of ~—Determination.# 4913

—Rarest of ~—Discussed.# 4914

Rarest of —rare case—Determination.# 4956 —rare case—Discussed.# 4672

Rarest of rare case —Determination.# 4791 —Discussed.# 4914 —for imposition of death sentence—Validity.# 4024

LII Supreme Court on Criminal Law

SC-4

rash and Negligence

—Death due to ~—Determination.# 4647

Rash and Negligent driving.# 4654

Rash and negligent —at resulting in death.# 4653 —driving.# 4654

Reason to believe.# 5020

Reasonable doubt —Determination.# 4527

reasons —Reduction of sentence without ~—Unsustainable.# 4810

reasons to believe —Selling or buying counterfeit notes

with ~ it is counterfeit.# 5120

receiving property —Presumption of ~ stolen in dacoity.# 5018

recent unexplained

—Dacoity—proof by ~ possession of stolen property .# 4962

recording of FIR

—Conviction—when wrong time of ~—Effect.# 4726

recording statement

—Delay in—~ of solitary eye-witness—Effect.# 4771

—Delay in—~ of solitary injured eye-witness—Scope.# 4348

—Delay in—~ of witness—Effect.# 4350

recording statement of witness —Delay in ~—Effect.# 4771

recording testimony

—Delay in—~ of eye-witness—Effect.# 4351

Recoveries doubtful, 4060

Recovery given —by Sessions Judge to impose death sentence not special .# 4528

Recovery of articles —Presumption of.# 4952

Recovery of debt barred —by limitation satisfaction of debt from guarantor’s bank term deposit criminal breach of trust if .# 5008

Recovery —Reliability of.# 4528

reduced to life imprisonment —Death sentence—~.# 4336

Reduction

—Sentence—~.# 4685

reduction below —sentence from capital punishment to life punishment —Scope.# 4529 —sentence on the ground of settlement between parties—Permissibility.# 4767 —sentence without assigning reason—Improper.# 4956 —sentence—Scope.# 5013

Reduction of sentence.# 4639 —from capital punishment to life punishment —Scope.# 4734 —Impermissibility.# 4893 —Improper.# 4916 —on the ground of settlement between parties—Permissibility.# 4767 —Propriety.# 4827 —Requirement.# 4866 —Scope.# 4885 —Validity.# 4918 —without assigning reasons—Unsustainable.# .# 5168 —without assigning satisfactory reasons—Improper.# 4639 —without assigning special reasons—Unsustainable.# 4709 —without reasons—Unsustainable.# 4810

Reduction sentence —Validity.# 4953

Subject Index LIII

SC-4

Refund of —sum embezzled effect .# 5009

regarding age

—Evidence of—father ~ of prosecutrix—Reliability.# 4883

regarding place

—Discrepancies—~ of occurrence—Effect.# 4358

regarding spot

—Contradictory—evidence ~—Effect of.# 4298

regarding time

—Contradictory evidence ~ of occurrence—Effect.# 4299

Rejection of

—Plea of accidental—death—~.# 4511

relating to attendance

—Plea of Alibi—based on records ~—Untenability.# 4512

relating to distance

—Inconsistency ~—Effect.# 4423

relation witness —Improper.# 4542

—Reliability of—~—Scope.# 4026 —Reliance on—dying declaration and

evidence of ~—Scope.# 4035

—Reliance on—testimony of ~—Scope.# 5060 —Scope.# 5060

relative of deceased

—Eye witness is ~—Credibility.# 4129

relative of husband

—Absence of overt act against ~—Effect.# 5116

Relevancy

—Age of prosecutrix—~.# 4845 —Medical evidence—and ocular

evidence—~.# 4142

Relevancy of

—Identity of accused—~.# 4421 —soon before—Expressed.# 4686

Reliability

—Approver—~.# 4239

—Child eye-witness—~.# 4246

—Child witness—~.# 4247

—Circumstantial evidence—~.# 4249 —Complete chain of circumstantial

evidence—~.# 4288

—Confessional statement—~.# 4294 —Conviction on evidence of wife of

deceased—~.# 5062 —Conviction—for death by poisoning—

~.# 4660 —Conviction—on confessional

statement of co-accused—~.# 4309 —Conviction—on confessional

statement—~.# 4309 —Conviction—on evidence of wife of

deceased—~.# 4724 —Conviction—on extra judicial

confession—~.# 4311 —Conviction—when non-mentioning of

name in FIR—~.# 4312

—Dying declaration—~.# 4622 —Evidence for age of prosecutrix of

school leaving certificate—~.# 4877 —Evidence of—father regarding age of


—Extra judicial confession—~.# 4049

—Eye-witnesses—~.# 4401


—Injured eye-witness—~.# 4426

—Interested witness—~.# 4434

—Medical evidence—~.# 4849 —Non-examination of—injured

witness—~.# 4481

—Single witness—~.# 4586

—Sole eye-witness—~.# 4554

—Solitary eye witness—~.# 4556

—Uncorroborated testimony—~.# 4930

Reliability of —eye-witness—Determination.# 4530 —medical evidence vis-a-vis oral

evidence—Scope.# 4531

LIV Supreme Court on Criminal Law

SC-4

—prosecution evidence—Scope.# 4530 —Recovery—~.# 4528

—Relation witness—~—Scope.# 4542

—Sole evidence of prosecutrix—~.# 4924 —solitary witness—Scope.# 5145

—Testimony of prosecutrix—~.# 4887 —testimony of prosecutrix—Scope.# 4921

Reliability on —Solitary eyewitness injured—Scope.# 4735 —solitary witness—Scope.# 5145

Reliable —Eye-witnesses—~.# 4401

Reliable evidence —for conviction—Determination.# 4788 —Scope.# 4534

Reliable evidence for —conviction—Determination.# 4816 —conviction—Determined.# 4800

Reliance

—Interested witness—~—Scope.# 4436

Reliance of —dying declaration—Effect.# 4534 —dying declaration—Scope.# 4535

Reliance on

—Circumstantial evidence—~.# 4537 —circumstantial evidence—Scope.# 4537

—Conviction on ~ medical evidence—Validity.# 4661 —defence version—Scope.# 4736 —dying declaration and evidence of relation witness—Scope.# 4537

—Dying declaration—~.# 4767 —dying declaration—Scope.# 4538

—Evidence of prosecutrix—~.# 4884

—Evidence of—wife of deceased—~.# 4724 —extra judicial confession—Requirement.# 4538 —eye-witness.# 4539

—eye-witness—Scope.# 4587

—Identification—~.# 4968

—injured eye-witness and child

witness—Scope.# 4539 —injured witness—Scope.# 4953 —Interested witness—Scope.# 4539 —last seen theory.# 4540 —last seen theory—Scope.# 4921 —medical evidence.# 4894 —medical evidence—Scope.# 4238 —oral dying declaration—Scope.# 4541 —oral evidence vis-a-vis medical evidence—Scope.# 4541 —recovery—Scope.# 4542 —relation witness.# 4542

—Relation witness—~.# 4529 —sole testimony of prosecutrix—Scope.# 4797

—Test identification parade—~.# 4927 —testimony of child witness.# 4545 —testimony of child witness—Validity.# 5091 —testimony of independent eye-witness.# 4546 —testimony of injured eye-witness—Scope.# 4550 —testimony of interested witness.# 4816 —testimony of interested witness—Scope.# 5060 —testimony of sole witness—Effect.# 4549

—Testimony of—Accomplice—~.# 4586 —the testimony of sole eye-witness—Scope.# 4550

Reliance upon —Medical evidence—~.# 4019

relying upon

—Acquittal after ~ dying declaration—Improper.# 4702

Remedial measures —for prevention of abuse of the provision—Determination.# 5146

Subject Index LV

SC-4

remission of sentence

—Benefit of ~—Scope.# 4244

Removal of stamps —and reusing them forgery .# 5085

required to

—Minimum number ~ form unlawful assembly—Explained.# 4445

Requirement

—Applicability of—exception—~.# 4226


—Conversion of—charge—~.# 4302

—Conviction for house trespass—~.# 5059 —Conviction on circumstantial

evidence—~.# 4018 —Conviction—for attempt to murder—

~.# 4724 —Conviction—on circumstantial

evidence—~.# 4018 —Corroboration—for testimony of


—Cruelty or harassment to wife—~.# 5127 —Essential ingredients of attempt to

murder—~.# 4728 —Essential ingredients of criminal

breach of trust by public servant—~.# 5004 —Explanation by accused injuries on

him—~.# 4403 —Explanation of injuries on the person

of accused—~.# 4404

—Gang rape—~.# 4888

—Invocation of Exception 4—~.# 4140

—Life Imprisonment—~.# 4893

—Murder with common intention—~.# 4474 —Proof for offence of criminal breach of trust by public servant or by banker—

~.#4990

—Reduction of sentence—~.# 4939 —Reliance on—extra judicial

confession—~.# 4311

—To prove charge causing disappearance of evidence of offence—

~.# 4028

Requirement for —grievous hurt—Interpretation.# 4746

Requirement for Dowry —Death.# 4686

Requirement of

—Criminal conspiracy ~.# 4984

—Abetment of suicide—~.# 4698

—Corpus delicti—~.# 4320

—Criminal misappropriation—~.# 4984

—Harassment—~.# 5138


requisites for cheating

—Essential ~—Determination.# 5036

res ipsa loquitor

—Principle of ~—Applicability of.# 4652

respect of

—Prosecution in ~ property mark limitation.# 5100

Restriction on —identity of victim of certain offences—Scope.# 4922 —trial of person extradited — Extradited for lesser offence.# 4820

resulting in death

—Rash and negligent at ~.# 4653

retaining stolen property —Dishonestly receiving or ~ ingredients.# 5016

Retrial —Improper.# 4550

reusing them —Removal of stamps and ~ forgery .# 5085

right and theft

—Bonafide claim of ~.# 4936

right of defence

—Plea of ~—Availability.# 4634

Right of privacy.# 5177

LVI Supreme Court on Criminal Law

SC-4

right of private defence

—Availability of ~—Scope.# 4603

—Causing death—exceeding ~—Determination.# 4427

Right of self defence

—Murder ~.# 4470

right of

—Plea of exercising of ~ private defence—Scope.# 4603 —private defence .# 4550

Rioting and murder .#

Robbery.#

—Triple murder and ~.# 4592

Robbery and murder —small value Article—Effect.# 4551

Robbery or dacoity —with attempt to cause death or grievous hurt.# 4979

running over

—Death by ~ by motor vehicle.# 4645

S

Sale of —or possession of counterfeit Government stamp .# 4551

Sanction for —prosecution.# 4991

Sanction need of —for public servant .# 5009

satisfaction of —Recovery of debt barred by limitation

~ debt from guarantor’s bank term deposit criminal breach of trust if .# 5008

satisfactory reasons —Reduction of sentence—without

assigning ~—Improper.# 4916

satisfied to invoke

—Factors to be ~ Exception 4—Determination.# 4132

school secretary


Scope .# 4027

Abetment of suicide—~.# 4698

—Acquittal for unlawful assembly—~.#

4599

—Appreciation of evidence.# 4601

—Common object .# 4090

—Conviction .# 4093

—Conviction—for offence of murder—

~.# 4307

—Acquittal on doubtful evidence—~.#

4813

—Acquittal—for unlawful assembly—

~.# 4599

—Acquittal—on doubtful evidence—~.#

4813

—Applicability of common object—~.#

—Applicability of Explanation—~.#

4601

—Applicability of—exception—~.# 4601


—Appreciation of interested witness—

~.# 4238

—Appreciation of medical evidence—

~.# 4238

—Attempt to murder—~.# 4717

—Availability of right of private

defence—~.# 4603

—Benefit of possibility of two views—

~.# 4243

—Benefit of remission of sentence—~.#

4244

—Causing evidence of offence to

disappear—~.# 4014

—Charge of rape—~.# 4832

—Circumstances evidence—~.# 4854

—Common Intention—~.# 4086


—Complete chain of circumstantial

evidence—~.# 4288

—Conversion of death sentence into life

Subject Index LVII

SC-4

imprisonment—~.# 4723

—Conviction for suicidal death of

married woman—~.# 4704

—Conviction—~.# 4764

—Conviction—for murder and injury—

~.# 4605


common intention and attempt to

murder—~.# 4724


common intention—~.# 4606

—Conviction—on the sole testimony of


—Conviction—under Section 304 Part

II instead of Section 302—~.# 4608

—Conviction—under Section 323


—Criminal breach of trust—~.# 4987


—Death sentence of life


—Death sentence or life



—Death sentence—of imprisonment for

life—~.# 4302

—Death sentence—of life


—Delay in—recording statement of

solitary injured eye-witness—~.# 4348

—Determination of dowry death—~.#

4354

—Determination of dowry death—~.#

5134


—Doubtful testimony—~.# 4620


—Evidence for conviction—~.# 4927

—Evidence of—~.# 4885

—Extra judicial confession—~.# 4049

—eye-witness—~.# 4126

—Framing of charge—~.# 5137

—Grant of benefit of doubt—~.# 4766

—Hostile witness—~.# 4419

—Identification parade—~.# 4890

—Imposition of death sentence—~.#

4952

—Interested witness—Reliance—~.#

4436

—Knowing her to be pregnant—~.#

4892


—Last seen together—~.# 4438

—Leniency in awarding of sentence—

~.# 4892

—Meaning of lawful guardian—~.#

4809

—medical evidence—~.# 4541

—New Plea of accused being

Juveniles—~.# 4475

—Plea for being juvenile—~.# 4508


—Plea of exercising of right of private

defence—~.# 4634

—Presumption of murder—~.# 4518

—Proof of demand of dowry—~.# 4685

—Proof of evidence—~.# 4734


—Quashing of Criminal Proceedings—

~.# 4826

—Reduction of sentence from capital

punishment to life punishment —~.#

4529


—Reduction of sentence—from capital

punishment to life punishment —~.#

4734

—relation witness—~.# 4531

—Relation witness—Reliability of—~.#

4529

—Reliability of relation witness—~.#

4026

—Reliability of testimony of


—Reliability of—medical evidence vis-a-

vis oral evidence—~.# 4531

—Reliability of—prosecution evidence—

~.# 4530

LVIII Supreme Court on Criminal Law

SC-4

—Reliability of—relation witness—~.#

4531

—Reliability of—solitary witness—~.#

4532

—Reliability on Solitary eyewitness

injured—~.# 4794

—Reliability on solitary witness—~.#

5145

—Reliable evidence—~.# 4534

—Reliance of dying declaration—~.#

4535

—Reliance on defence version—~.#

4736

—Reliance on last seen theory—~.#

4921

—Reliance on testimony of interested

witness—~.# 4816

—Reliance on—circumstantial

evidence—~.# 4249

—Reliance on—dying declaration and

evidence of relation witness—~.# 4537

—Reliance on—dying declaration—~.#

4538

—Reliance on—eye-witness—~.# 4539

—Reliance on—injured eye-witness and

child witness—~.# 4539

—Reliance on—Interested witness—~.#

4539

—Reliance on—medical evidence—~.#

4849

—Reliance on—oral dying declaration—

~.# 4501

—Reliance on—oral evidence vis-a-vis


—Reliance on—recovery—~.# 4542

—Reliance on—testimony of injured

eye-witness—~.# 4550

—Reliance on—testimony of interested

witness—~.# 4816

—Reliance on—testimony of relation

witness—~.# 4035

—Reliance on—the testimony of sole

eye-witness—~.# 4550

—Reliance on testimony of relation

witness—~.# 4035

—Restriction on identity of victim of

certain offences—~.# 4922

—Sole evidence—of prosecutrix—~.#

4798

—Sole testimony of prosecutrix—~.#

4797

—Solitary circumstance of homicidal

death—~.# 4555

—Solitary evidence of prosecutrix—~.#

4925

—Solitary evidence of wife of

deceased—~.# 4974

—Solitary injured witness—~.# 4558

—Sufficient evidence for conviction—

~.# 4644

—Sufficient proof of conviction for

cruelty and dowry death—~.# 5149

—testimony of child witness—~.# 4543

—Testimony of eye-witness—~.# 4627

—testimony of interested witness—~.#

4816


—Testimony of—eye-witness—~.# 5060


seizure

—Non-production of—~—Effect.# 4495

self defence

—Plea of ~.# 4052

Selling or buying

—counterfeit notes with reasons to

believe it is counterfeit.# 5102

semen stains on

—Absence of—~ clothes of

prosecutrix—Effect.# 4843

send offending

—Failure to—~ ritle to ballistic expert—

Effect.# 4413

sending FIR


sending FIR to Magistrate


Subject Index LIX

SC-4

Sending of

—pellets for examination—


Sentence .# 5085

—Criminal breach of trust ~.# 4998

—defamation by journalist .# 5163

—Reduction of ~—Scope.# 4185

—Reduction.# 4693

Sentence concurrent or consecutive

—Convict undergoing life

imprisonment sentence on subsequent

conviction ~.#4303

Sentence for extortion .# 4949

sentence from

—Reduction of ~ capital punishment to

life punishment —Scope.# 4734

sentence on

—Reduction of ~ the ground of

settlement between parties—

Permissibility.# 4767

Sentence reduced

—to imprisonment for period already

under—Justifiability.# 4552

separate trial

—Acquittal—of co-accused in ~—

Effect.# 4219

septua genemian convict

—Life imprisonment to ~.# 4441

Series doubt

—about truthfulness of prosecution

case—Effect.# 4768

Servant

—Criminal breach of trust by—~.#

5003

Sessions Judge

—Recovery given by ~ to impose death

sentence not special .# 4528

sexual offence

—Disclosure of identity of victim in ~—

Impermissible.# 4003

side of weapon

—Duty of witness to clarify which ~

used—Determination.# 4621

Sifting of

—evidence by Court—Permissibility.#

4553

simple inquiries

—Non-explanation of—~ found on the

person of accused Effect .# 4492

single blow

—Causing death—in free fight by ~.#

4047

Single stab

—injury and intention to commit

murder .# 4187

Single witness

—Reliability.# 4686

—Testimony of.# 4586

—Testimony of—a ~.# 4553

society

—Rape Crime against ~.# 4905

Sole evidence

—of prosecutrix—Effect of.# 4923

—of prosecutrix—Reliability of.# 4924

—of prosecutrix—Scope.# 4925

Sole eye-witness

—Effect.# 4554


sole eye-witness

—Reliance on the testimony of ~—

Scope.# 4550

—Reliance on—the testimony of ~—

Scope.# 4550

sole reliable

—Rape case conviction of on ~ evidence

of victim.# 4912

sole testimony

—Conviction—on the ~ of prosecutrix—

Scope.# 4797

sole testimony of

—Conviction—on ~ prosecution

witness .# 4311

LX Supreme Court on Criminal Law

SC-4

sole testimony of prosecutrix


—Scope.# 4798

sole witness

—Reliance on—testimony of ~—Effect.#

4550

solely based on

—Acquittal—~ defective investigation—

Improper.# 4224

Solitary circumstance of

—homicidal death—Scope.# 4555

Solitary evidence

—of prosecutrix—Scope.# 4925

—of wife of deceased—Scope.# 4974

Solitary eye witness

—Delay in—recording statement of ~—

Effect.# 4771


—turning hostile—Effect.# 4555

—Unreliable.# 4557

Solitary eyewitness injured

—Reliability on ~—Scope.# 4794

solitary injured eye-witness

—Delay in—recording statement of ~—

Scope.# 4348

Solitary injured witness

—Scope.# 4558

Solitary injury

—Effect.# 4187

—Murder—~.# 4157

Solitary witness .# 4188

Solitary witness

—close relative and interested

witness—Effect.# 4558

—Evidentiary value of—~—


—Reliability of—~—Scope.# 4529

—Reliability on ~—Scope.# 5145

some of

—Non-mentioning of ~ the injuries by

prosecution—Effect.# 4494

some of the accused

—Acquittal—of ~—Effect.# 4013

—Failure to prove—participation of ~ in

crime—Effect.# 4413

some of the injuries

—Non-mentioning of ~ by

prosecution—Effect.# 4494

some witness

—Non-examination of—~—Effect.#

4480

Soon before

—Meaning of.# 4688

—Relevancy of ~—Expressed.# 4686

soon before death

—Evidence - words and phrases –

Expression ~.# 4679

Special provision

—Cheating—~ vis-a-vis general

provision.# 5029

spoken by witness

—Complaint not containing details of

motives as ~—Effect.# 5166

spur of a moment

—Incident took place at the ~.# 4423

standard of proof

—Defamation ~.# 5159

statement of co-accused

—Conviction—on confessional ~—

Reliability.# 4309

statement of witness

—Delay in—recording ~—Effect.# 4350

stolen in dacoity

—Presumption of receiving property ~.#

5018

stolen property

—Recent exclusive possession of ~ and

presumption of theft.# 4937

Stolen property return of.# 5020

Stop payment

—instruction bouncing of cheque.#

5042

Subject Index LXI

SC-4

subject matter of

—Property ~ cheating.# 5040

subordinate Court

—Power of High Court to punish

contempt of ~.# 5161

subsequent conviction

—Convict undergoing life

imprisonment sentence on ~ Sentence

concurrent or consecutive .# 4303

substantive charge


sudden and grave provocation

—Plea of—~—Unsustainable.# 4515

sudden fight

—Acts done in ~—Determination.#

4060

—Benefit of Exception 4—Availability.#

4189

—Implies mutual provocation.# 4189

—Meaning of ~—Determination.# 4142

—Undue advantage.# 4191


Sudden Provocation

—Grave and ~.# 4631

Sudden quarrel .# 4097


—Sufficient evidence for conviction for

abetment to suicide &~—

Determination.#4711

Sufficient evidence

—for conviction —Determination.#

4739

—for conviction for abetment to suicide

& cruelty—Determination.#

5147

—for conviction—Determination.# 5148

—for conviction—Scope.# 5066

Sufficient evidence for

—acquittal—Determination.# 4558

—conviction for abetment to suicide &

cruelty—Determination.# 4711

—conviction—Scope.# 5066

—murder by unlawful assembly—


—murder—Determination.# 4046

Sufficient evidence of

—Conviction .# 5053

—Oral evidence corroboration from


Sufficient explanation

—for ante-timed FIR—Determination.#

4740

—for ante-timed FIR—Determination.#

4740

Sufficient proof

—common Intention-Determination.#

4585

—for conviction—Determination.# 4586

Sufficient proof of

—conviction for abetment to commit

suicide—Determined.# 4711

—conviction for cruelty and dowry

death—Scope.# 5149

—conviction for—dowry death—

Justification.# 4693

—criminal breach trust by public

servant—Determination.# 5012

—dowry death and cruelty—


—offence of outraging modesty of

women—Determined.# 5172

Sufficient proof of offence

—of outraging modesty of women—

Determined.# 4806

suicidal death of married woman

—Conviction for ~—Scope.# 5124

suicide & cruelty

—Sufficient evidence for conviction for

abetment to ~—Determination.# 5147

sum embezzled

—Refund of ~ effect .# 5009

Suppression of

—material facts—Effect.# 4586

LXII Supreme Court on Criminal Law

SC-4

Sustainability


—Conviction based on—~.# 4796

—Conviction based on—~.# 4820

—Non-explanation of injuries on

accused—~.# 4155

—Non-explanation of—injuries on the

person of accused—~.# 4404

sustained by accused

—Non-explanation of injuries—~—

Effect.# 4732

Sympathy or mercy

—in awarding sentence—Validity.#

4954

T

T.I. Parade

—Dacoity proof by evidence of

identification in ~ .# 4963

take cognizance

—Power of Court to ~—Applicabilit.#

5093

taken a wife

—Admission by accused that he had ~

If plea of guilt.# 5105

term deposit

— satisfaction of debt from guarantor’s

bank ~ criminal breach of trust if .#

5008

Test identification

—parade—Reliance on.# 4820

test identification parade

—Non-holding of ~—Effect.# 4825

test of detached

—Exceeding right of private defence ~

objectivity .# 4624

testimony

—Doubtful—~—Scope.# 4764

—a single witness .# 4586

—Accomplice—Reliance on.# 4586

—eye-witness—Determination.# 4740

—eye-witness—Scope.# 5056

—Non-consideration of ~ defence

witness—Effect.# 4896

—Non-corroboration of—~—Effect of.#

4896

—Reliance on ~ interested witness—

Scope.# 5060

—Reliance on ~ interested witness—

Scope.# 1078

—Reliance on the ~ sole eye-witness—

Scope.# 4550

—Reliance on—~ independent eye-

witness.# 4816

—Reliance on—~ injured eye-witness—

Scope.# 4816

—Reliance on—~ interested witness—

Scope.# 5060

—Reliance on—~ relation witness—

Scope.# 4548

—Reliance on—~ sole witness—Effect.#

4549

—Reliance on—the ~ sole eye-witness—

Scope.# 4550

—Single witness—~.# 4553

—Variance in ~ medical and ocular

evidence—Effect.# 4594

testimony of child witness

—Reliance on ~—Validity.# 5091

—Reliance on—~.#4884

—Scope.# 4543

testimony of eye-witness


—Scope.# 5060

testimony of interested witness


—Reliance on—~.# 4884

—Scope.# 4547

—Validity.# 4547

testimony of prosecutrix

—Evidentiary value.# 4928

—Reliability of ~—Scope.# 4026

—Reliability of.# 4528

—Requirement of.# 4698

—Scope.# 4698

Subject Index LXIII

SC-4

testimony of relation witness

—Reliance on ~—Scop.# 4035

—Reliance on—~—Scope.# 4035

testimony of witneses

—Minor discrepancy—in the ~—

Effect.# 4144

Tests

—Culpable homicide not amounting to

murder—Section 304, Part II ~ .#

4613

The matter

—is also governed by Section 138

Negotiable Instruments Act.# 5043

Theft


Theft and murder.# 4940

three letters of

—Dowry death—Prosecution rested its

case on ~ deceased.# 5136

Time and place

—of incident doubtful—Effect.# 4590

Time and place of

—incident doubtful—Effect.# 4760

Time of

—arrest of accused—Determination.#

461

—death—Determination.# 5149

—incident—Determination.# 4591

—occurrence—Determination.# 4592

Time of death


time of incident

—Calculation of ~ on the basis of

probabilities—Improper.# 4245


time of occurrence

—Contradictory evidence regarding ~—

Effect.# 4199

—Discrepancies—and inconsistencies

as to the ~—Effect.# 4354

took place

—Incident ~ at the spur of a moment .#

4423

trade mark

—Property mark and ~ distinction.#

5099

Transaction and Benami

—Benami ~ transaction Prohibition Act

.# 5044

Transfer of Property Act

—Section 421, I.P.C., vis-a-vis Section

53 ~ .# 5045

travelling without pass

—Prohibition against ~ or ticket.# 5038

travelling without ticket

—Prohibition against ~ pass or ~.#

5038

Trespass

—continuing offence.# 5057

—Lurking House ~.# 5047

trespass by right

—Lurking house ~ ingredients .# 5084

trial and investigation


Trial of murder .# 4194

trial of person extradited

—Restriction on ~— Extradited for

lesser offence.# 4820

Tripple murder

—and robbery .# 4592

trust by public servant

—Essential ingredients of criminal

breach of ~—Requirement.# 4990

—Insufficient proof of criminal breach

of ~—Determination.# 5005

—Proof for offence of criminal breach of

~ or by banker—Requirement.# 4990

—Sufficient proof of criminal breach


LXIV Supreme Court on Criminal Law

SC-4

truthfulness of

—Series doubt about ~ prosecution

case—Effect.# 4552

truthfulness of prosecution case

—Series doubt about ~—Effect.# 4768

turning hostile

—Solitary eye witness—~—Effect.#

4555

Two possibilities

—Effect.# 4957

Two views from evidence

—Appellate Court cannot disturb the

favourable view.# 4195

U U

Unauthorised endorsement

—on passport .# 5086

uncorroborated testimony


Undue advantage

—Sudden fight—~.# 4191

—Words and Phrases—Expression ~

used in S. 300, Exception 4.# 4196

undue force

—Failure to prove ~ to marry or have

intercourse—Determination.#

4825

Unexplained injuries

—to some of the accused—Effect.#

4195

Unlawful assembly .# 4477

—and common object—


—Common object of ~ to cause

murder—Determination.# 4778

—Common object of ~—



—Existence of—extortion by ~—Effect.#

4385

—Liability of.# 4794

—Minimum number required to form

~—Explained.# 4445

—Murder and ~.# 4452

—No proof of—~—Effect.# 4895

—No proof—~—Effect.# 4895

unlawfully buying

—Ingredients for public servant ~ or

bidding for property—Determination.#

4003

—Public servant ~ or bidding for

property—Determination.# 4002

Unreliability

—Murder of wife—~.# 4472

Unreliable

—Independent evidence .# 4213

—Benefit of doubt—~.# 4153

—Child witness—~.# 4972




—Solitary eye witness—~.# 4557

Unsoundness of

—mind of accused—Effect.# 4593

Unsustainability

—Allegation of common object—~.#

4226

—Improper appreciation of evidence—

~.# 4422

—Improper appreciation of evidence—

~.# 4422

Unsustainable


—Plea of accidental—fire—~.# 4511


—Plea of private defence—~.# 4173

—Plea of—consenting party and false

implication—~.# 4900

—Plea of—false implication when ~—

Determined.# 4901

—Plea of—sudden and grave

provocation—~.# 4515

—Plea that witnesses were relative—~.#

4515

—Plea that witnesses were relative—~.#

Subject Index LXV

SC-4

4515

—Reduction of sentence without

assigning reasons—~.# 5168

—Reduction of sentence without

reasons—~.# 4810

—Reduction of sentence—without

assigning reasons—~.# 4915


assigning special reasons—~.# 4916


assigning special reasons—~.# 4916

Untenability

—Plea of Alibi—based on records

relating to attendance—~.# 4512

Untenable

—Plea of—feast invitation—~.# 4514

use of fire arms

—Discrepancy in regard to ~—Effect.#

4726

Using a forged document

—as genuine .# 5086

using despite

—Knowledge or belief as to forgery ~.#

5083

V

Validity

—Acquittal—on the ground of acquittal

of co-accused—~.# 4223


—Conviction on reliance on medical

evidence—~.# 5124

—Conviction on—reliance on medical

evidence—~.# 4019

—Conviction under Section 411


—Conviction when non-recovery of fire

arms and empties—~.# 5062

—Conviction—of circumstantial

evidence—~.# 4866

—Conviction—on reliance on medical

evidence—~.# 5124

—Conviction—when non-recovery of

fire arms and empties—~.# 4725



—Quashing of charges—~.# 4638

—Rarest of rare case for imposition of

death sentence—~.# 4826


—Reliance on testimony of child

witness—~.# 5091

—Sympathy or mercy in awarding

sentence—~.# 4954

—testimony of child witness—~.# 4545

—testimony of interested witness—~.#

4547

Validity of


value Article

—Robbery and murder small ~—

Effect.# 4551

value of deposition

—Evidentiary ~.# 4124

Variance

—between medical evidence and ocular


—in testimony of medical and ocular


Variation

—between eye-witness and medical

evidence—Effect of.# 4594

version of eye-witness

—Discrepant between ~ and dying

declaration—Effect.# 4357

vicarious liability

—Criminal breach of trust vis-a-vis ~.#

5003

victim of

—Restriction on identity of ~ certain

offences—Scope.# 4922

victim of rape

—Non-disclosure of name of ~—


LXVI Supreme Court on Criminal Law

SC-4

views of story

—Murder—Appreciation of evidence—

Probability of two ~.# 4152

vires of the provision

—Adultery offence immunity to wife ~.#

5111

Vires

—Attempt to commit suicide~ .#

4742

vis-a-vis

—Breach of procedure ~ cheating.#

5026

—Cheating—Special provision ~

general provision.# 5029

—Criminal breach of trust ~ civil

dispute .# 4987

—Criminal breach of trust ~ vicarious

liability .# 5003

—Section 421, I.P.C., ~ Section 53

Transfer of Property Act .# 5045

Voluntary

—causing hurt during robbery.# 4957

Voluntary consent

—or consent under misconception of

fact—Determination.# 4834

W

waging war


weapon by prosecution

—Non-recovery of ~—Effect.# 4496

weapon of offence

—Infirmities—of ~—Effect.# 4160

—Non-production of—~—Effect.# 4161

weapon to Ballistic Expert

—Non-sending of—~—Effect.# 4497

weapons of offence

—Non-recovery of ~—Effect.# 4633

When begins

—Attempt—~.# 5176

wife of deceased

—Conviction on evidence of ~—

Reliability.# 5062

—Evidence of—~—Reliance on.# 4121

—Solitary evidence of ~—Scope.# 4925

Withdraw of prosecution

—Defamation—~—Permissibility.#

5153

without corroboration

—Evidence of—prosecutrix ~—

Improper.# 4883

witness by police

—Delay in—examination of ~—Fatal.#

4345

—witness to clarify which side of

weapon used—Determination.# 4621

witness to clarify

—Duty of ~ which side of weapon

used—Determination.# 4773

witnesses were relative

—Plea that ~—Unsustainable.# 4515

woman due to burning

—Death—of ~.# 4112

writing of FIR

—Infirmity in ~—Effect.# 4968

wrong done to

—Section 330 inadequate to repair the

~citizen.# 4788

Wrong information

—Effect.# 4595

Wrong mentioning of

—first name—Effect.# 4595

wrong time of recording

—Conviction—when ~ of FIR—Effect.#

4726

Wrongful gain


Wrongful restraint.#4795

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