Showing : 351-360 of 607 Results

SUPREME COURT OF INDIA
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 376-- Rape - Injuries - Held, that injury is not a sine qua non for deciding whether rape has been committed - But it has to be decided on the factual matrix of each case - Where allegation is of rape by many persons and several times but no injury is noticed then it is certainly an important factor -..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 302, 376, Criminal Procedure Code, 1973, Section 366-- Rape and murder - Death sentence - Death sentence can be awarded even in a case of circumstantial evidence...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 302, 376, Criminal Procedure Code, 1973, Section 366-- Rape and murder - Death sentence - Guidelines - (i) The extreme penalty of death need not be inflicted except in gravest cases of extreme culpability; (ii) Before opting for the death penalty the circumstances of the `offender' also require to be taken into consideration along with the..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 302, 376, Criminal Procedure Code, 1973, Section 366-- Rape and murder - Death sentence - Guidelines - Death sentence can be awarded when the collective conscience of the community is so shocked when it will expect the holders of the judicial power centre to inflict death penalty - The community may entertain such sentiment in the following..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 376, 366, Criminal Procedure Code, 1973, Section 235-- Conviction u/ss 366 and 376 and accused sentenced to 7 years RI - High Court reduced the sentence to the period already undergone - Court should award proper sentence having regard to the nature of the offence and the manner in which it was committed - Father of victim filed an affidavit before..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 363, 366, 376-- Conviction by trial Court and acquittal by High Court - Conclusions arrived at by trial Court in detail - High Court set aside the conviction by a cryptic and non speaking order - High Court did not discuss the evidence and has not even indicated any basis for departing from conclusions of trial..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 363, 366, 376-- Rape - Age of prosecutrix - Documents placed on record regarding the age of prosecutrix did not relate to her - High Court came to conclusion on the basis of oral evidence and documentary evidence that date of birth of prosecutrix as claimed by prosecution not established - Finding cannot be said..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 376-- Rape - Reduction in sentence - Court has to record adequate and special reasons in the judgment and not fanciful reasons which would permit the Court to impose a sentence less than the prescribed minimum - Adequate and special reason depends upon several factors - No strait-jacket formula can be..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 376, 324, 452-- Rape - Sentence - High Court reduced sentence from 5 years to period already undergone i.e. 5 months 25 days without indicting any reason - Undue sympathy to impose inadequate sentence would do more harm to the justice system to undermine the public confidence in the efficacy of law - Sentence..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 376-- Rape - High Court reduced less than prescribed sentence without recording reasons much less any adequate and special reasons for reducing the sentence - Held, High Court was not justified in reducing the sentence below the prescribed minimum...........

Showing : 351-360 of 607 Results