Criminal Procedure Code, 1973, Section 482, 164, 161, Indian Penal Code, 1860, Section 363, 366 -- Kidnapping of girl - Order letting victim to freely go to place of her choice - Quashing of - Magistrate passed said order on basis of statement of victim recorded u/s.164 Cr.P.C against very object of S.164 Cr.P.C. - Magistrate recorded statement within 15 days of her..........
Indian Penal Code, 1860, Section 161, Prevention of Corruption Act, 1988, Section 7(2) -- Illegal gratification - Conviction - Conclusion arrived at by trial Court and High Court after thoroughly analysing evidence - Not faulted with - No interference warranted...........
Indian Penal Code, 1860, Section 161, Prevention of Corruption Act, 1988, Section 7(2) -- Illegal gratification - Conviction - Sentence - Incident seven years old - Accused suffered custody for six months - Minimum sentence prescribed six months - Period of sentence reduced to period already undergone...........
Prevention of Corruption Act, 1947, Section 5(2), Indian Penal Code, 1860, Section 161 -- Illegal gratification - Conviction - Accused now 75 years of age - Accused facing mental stress on account of pendency of appeal for 15 years and sword of conviction hanging on his head for all these years - Sentence reduced from five years to one year...........
Criminal Procedure Code, 1973, Section 157, 161(3), Indian Penal Code, 1860, Section 192 -- Investigation - Misuse of power by IO - IO has misused the powers of recording statement of witness u/s 161(3) Cr.P.C. and deliberately manipulated statements to benefit accused at the time of trial - Held, IO would be guilty of committing the offence punishable u/s 192 IPC...........
Prevention of Corruption Act, 1947, Section 5(1)(d), 5(2), Indian Penal Code, 1860, Section 161 -- Reduction of sentence - Illegal gratification - Conviction - Accused faced agony of case for 19 years - Accused remained in jail for a few days at the time of incident - Sentence reduced to period already undergone...........
Prevention of Corruption Act, 1947, Section 5(1)(d), Indian Penal Code, 1860, Section 161, 162 -- Offence under the Act and the Code constitute different offences - It is not permissible to contend that a public servant would be covered by Section 13(1)(d) of 1988 Act (Similar to Section 5(1)(d) of Old Act) and not by Sections 8 and 9 of the Act - Sections 8 & 9 are much..........
Prevention of Corruption Act, 1947, Section 5(1)(d), Indian Penal Code, 1860, Section 161, 162 -- Offence under the Act and the Code constitute different offences - It is not permissible to contend that a public servant would be covered by Section 13(1)(d) of 1988 Act (Similar to Section 5(1)(d) of Old Act) and not by Sections 8 and 9 of the Act - Sections 8 & 9 are..........
Criminal Procedure Code, 1973, Section 432, 433, Indian Penal Code, 1860, Section 54, 55, Constitution of India, 1950, Article 72, 161 -- Pardon - Power to grant pardon - Judicial review - Exercise/non-exercise of pardon power by the President or Governor is not immune from judicial review - Power of pardon cannot be exercised for political consideration - Consideration of..........
Constitution of India, 1950, Article 72, 161, Indian Penal Code, 1860, Section 302, 3041, 109 -- Power to grant pardon - Judicial review - Murder trial - Writ petition challenging order passed by Government of Andhra Pradesh - Supreme Court altered the conviction of R2 from one under Section 302 IPC to Section 304(1) - On request by wife of R2, he was granted remission of..........
