Indian Penal Code, 1860, Section 161, Prevention of Corruption Act, 1947, Section 5(2) -- Offence u/s 161 IPC and S.5(2) of P.C Act - Reduction of sentence - Accused is a lady, who is now a senior citizen aged about more than 70 years - She is not keeping good health and is suffering from age related ailments - Accused has been suffering mental incarceration for about more..........
Criminal Procedure Code, 1973, Section 482, 161 -- Quashing of proceedings - Non-recording of statement of victim u/s 161 Cr.P.C - No objection raised by accused while framing charge against him u/s 325 IPC regarding non-recording of statement of victim u/s 161 Cr.P.C - Therefore, at the distant point of time, said ground cannot be raised in proceedings u/s 482 Cr.P.C,..........
Criminal Procedure Code, 1973, Section 161, Indian Penal Code, 1860, Section 304B -- Statement of brother of deceased/PW6 - Dowry death - PW6 gave his statement first time before Court - There was thus, no previous statement on record for corroboration to his version - No explanation was given as to why PW6 did not get his statement recorded u/s 161 Cr.P.C - Evidence of..........
Prevention of Corruption Act, 1947, Section 5(2), Indian Penal Code, 1860, Section 161 -- Illegal gratification - Reduction of sentence - Incident is of the year 1985 and case is pending for last 34 years - Bribe amount was Rs.1200 and accused is on bail for the last 34 years - Accused suffered immense trauma, mental agony and anguish despite suffering from heart ailment -..........
Criminal Procedure Code, 1973, Section 228, 161, 164, Indian Penal Code, 1860, Section 363, 366A -- Framing of charges u/ss 363, 366-A IPC - Inconsistent statement u/ss 161 & 164 Cr.P.C. - Statement u/s 161 Cr.P.C. that she voluntarily accompanied accused to his village - However, statement u/s 164 Cr.P.C. that accused gave some intoxicant to her and was taken to his..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2), 12, Indian Penal Code, 1860, Section 161 -- Illegal gratification - Demand and acceptance of Rs.800 from complainant - Vital ingredients i.e demand, acceptance and recovery are proved from the evidence of PW1 and PW2, which is in conformity with each other and getting due corroboration from contemporaneous..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2), 12, Indian Penal Code, 1860, Section 161 -- Illegal gratification - Reduction of sentence - Trap was laid for about 24 years back - During interregnum period accused have suffered a lot by way of facing departmental proceedings and have superannuated by now - Sentence of accused reduced from 2 years R.I to 1..........
Indian Penal Code, 1860, Section 161, Prevention of Corruption Act, 1947, Section 5(2), 5(1)(d) -- Reduction of sentence - Offence u/s 161 IPC and Ss.5(2), 5(1)(d) PC Act - Appellant is of 88 years of age and is suffering from various ailments - Considering proviso to S.5(2) PC Act, sentence of appellant modified to the period till rising of Court and fine enhanced from..........
Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d), 5(2), Indian Penal Code, 1860, Section 161 -- Illegal gratification - Accused being assistant in DT office allegedly demanded bribe from complainant for registration of vehicle - No evidence on record that complainant was real owner of vehicle - Genesis of illegal demand is not proved on record - Even motive..........
Criminal Procedure Code, 1973, Section 432, Constitution of India, 1950, Article 161, 72, Indian Penal Code, 1860, Section 45, 53, 302 -- Remission of sentence - Whether imprisonment for life in terms of S.53 r/w S.45 IPC meant imprisonment for rest of life of prisoner or a convict undergoing life imprisonment has a right to claim remission and whether as per principles..........
