Indian Penal Code, 1860, Section 304A -- Offence u/s 304-A IPC - Reduction of sentence - Accused driving the vehicle at the relevant time in rash and negligent manner due to which one innocent person lost his life and two persons who were travelling in ambulance sustained injuries - However, High Court while reducing the sentence of accused has not considered the gravity..........
Indian Penal Code, 1860, Section 53, Criminal Procedure Code, 1973, Section 433A -- Sentence - Fixed term sentence - Even in a case where Capital punishment is not imposed or is not proposed, Constitutional Courts can always exercise power of imposing a modified or fixed term sentence by directing that a life sentence as contemplated by "secondly" in S.53 IPC shall be of..........
Indian Penal Code, 1860, Section 53 -- Death sentence - Fact that accused has no antecedents, is no consideration by itself for deciding whether accused will fall in the category of `rarest of rare' cases...........
Indian Penal Code, 1860, Section 366, 376, 302 -- Kidnapping, rape and murder - Enhancement of sentence - On the date of conviction accused was 27 years of age and he had a wife and small child as well as aged parents - He committed first offence and accused has no criminal antecedents - However, this is a case where a fixed term sentence for a period of 30 years must be..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Mere harassment would not amount to an offence u/s 306 IPC...........
Indian Penal Code, 1860, Section 107, 306 -- Abetment of suicide - Mere allegation of general harassment against creditors for recovery of their money without any specifics or details of such harassment, would not amount to abetment of suicide - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 465, 467, 468, 471, 506 -- Bail - Cheating - Dismissal of bail applications of co-accused against whom there were allegations of active involvement - Cannot be treated to be fatal for considering the bail application of petitioner against whom there is no direct and categoric allegations..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Allegations against accused of neglect and refusal to take up responsibility for treatment of child of complainant/wife would not fall within ambit of S.498-A. IPC..........
Indian Penal Code, 1860, Section 354 -- Outraging modesty of woman - No allegations in complaint or in charge sheet that criminal force has been used or an assault had been made against complainant with intention of outraging modesty of complainant - I.O rightly dropped provision u/s 354 IPC - Order taking cognizance of offence u/s 354 IPC by Magistrate quashed...........
Indian Penal Code, 1860, Section 498A, 506, 509, 34, Criminal Procedure Code, 1973, Section 468 -- Offence u/ss 498-A, 506, 509, 34 IPC - Limitation - Gap between date on which complainant went back to house of her parents and date on which she filed complaint is more than 3 years - Allegations relating to later period of time are allegations of neglect and refusal to..........
