Showing : 1-10 of 54 Results

DELHI HIGH COURT
Year of decision: 2019
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 67, Criminal Procedure Code, 1973, Section 439-- Bail - Recovery of 390 gms Pseudoephedrine and 325 gms Heroin - Commercial quantity - Confession - Petitioner sent parcels containing contraband on three occasions - He stated in his statement recorded u/s 67 of NDPS Act that he used to book parcels to foreign nationals on his identity documents -..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 360, Indian Penal Code, 1860, Section 325, 34-- Benefit of probation - Offence u/ss 325, 34 IPC - Offence u/s 325 IPC is punishable for a term which may extend to seven years - Sentence imposed upon accused is of 1 year - Finding of High Court that S.360 Cr.P.C shall not have any application is misreading of bare provisions of Cr.P.C -..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 326, 325, 324, 323, 148, 149, Criminal Procedure Code, 1973, Section 360, Probation of Offenders Act, 1958, Section 4-- Offence u/ss 326, 325, 324, 323, 148, 149 IPC - Benefit of probation - Offence u/s 326 IPC which carries a sentence of Life Imprisonment cannot be compounded either u/s 360 Cr.P.C or u/s 4 of Probation of Offenders Act - Conviction upheld - However, taking into account other factors like passage..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 378(3), Indian Penal Code, 1860, Section 323, 325, 143, 147, 149, Bombay Police Act, Section 135-- Appeal against acquittal - Application for leave to appeal - Offence u/ss 323, 325, 143, 147, 149 and S.135 of Bombay Police Act - High Court while rejecting application for leave to appeal has stated that medical evidence did not indicate any injury on the neck or thigh of complainant - However,..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 325, Criminal Procedure Code, 1973, Section 320-- Compromise during pendency of appeal filed against order of High Court whereby conviction was modified from S.307 IPC to S.325 IPC - Legal representative can compound the offence with consent of Court when person who was otherwise competent to compound the offence is dead - Compromise entered into..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 325, Criminal Procedure Code, 1973, Section 320-- Compromise during pendency of appeal filed against order of High Court whereby conviction was modified from S.307 IPC to S.325 IPC - Legal representative can compound the offence with consent of Court when person who was otherwise competent to compound the offence is dead - Compromise entered into..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 325-- Reference by Magistrate - Magistrate passed full fledged judgment acquitting one of the co-accused while holding the petitioners guilty - Same can be said to be merely an opinion of guilt qua petitioners even though the same has been drafted in the form and style of judgment...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 325-- Reference by Magistrate to CJM - Appeal against - Maintainability - No appeal would be maintainable against opinion or finding of referral Magistrate regarding guilt of accused and it is only after the CJM, in exercise of powers u/s 325 Cr.P.C., sentences accused that an appeal would be..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 325-- Reference by Magistrate - Power to segregate the case - Magistrate can choose to refer only those accused to CJM regarding whom he is of the opinion that they are guilty while proceeding ahead to pass order/judgment in respect of other co-accused found not guilty...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 325-- Reference by Magistrate - Scope - Magistrate while forwarding accused to CJM, when it forms an opinion that higher sentence is required, is not merely to act as a post office but has to fully appreciate the evidence led before it - Although such an exercise of marshalling would be equivalent to..........

Showing : 1-10 of 54 Results