Indian Penal Code, 1860, Section 376 -- -Rape - Quantum of sentence - Caste of accused is per se not a consideration for showing leniency in cases of such offences...........
Indian Penal Code, 1860, Section 376 -- Rape - Quantum of sentence - Financial condition of an accused can be one of considerations for not exceeding the minimum sentence - But when it comes to a serious offence against a girl aged five to six years, financial condition of accused should not normally weigh in the mind of Court...........
Indian Penal Code, 1860, Section 376 -- Rape of five years old girl - Quantum of sentence - Accused was 22 years of age - He has undergone the sentence imposed by High Court - Sentence of R.I of 14 years will be appropriate and while he undergoes remaining sentence, he shall not be entitled to remission - Default sentence as imposed by trial Court is maintained...........
Indian Penal Code, 1860, Section 419, 465, 120B -- Cheating - Quashing of proceedings - Civil dispute - Entire allegations made in the complaint pertain to civil dispute and civil proceedings are actively under consideration before respective civil Courts - Except the allegation that petitioners are close relatives of A-3, no other specific allegation was made against..........
Indian Penal Code, 1860, Section 201, Criminal Procedure Code, 1973, Section 216 -- Alteration/addition of charge from Ss.302, 148, 149 IPC to Ss.302, 34 IPC in the absence of advocate of accused - Grave prejudice caused to appellant - No evidence of common intention - Only act of stopping deceased will not by itself bring the case within purview of S.34 IPC - Conviction..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(a), Indian Penal Code, 1860, Section 468, 34 -- Illegal gratification - Merely because Sub-Registrar permitted a document to be registered for higher value than guideline value per se cannot be an illegal act or misconduct - Variations in the value of document advantageous to Government unless and until, it is proved to..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(a), Indian Penal Code, 1860, Section 468, 34 -- Illegal gratification - When it is not an offence to purchase a property for a value higher than guideline value and when it is not an offence to accept such document for registration without resorting to S.47-A of Stamp Act, conviction and sentence imposed on accused is..........
Indian Penal Code, 1860, Section 302, 376(2)(g), 201 -- Murder and rape - Circumstantial evidence - Last seen theory - Testimony of last seen witnesses/PW3 and PW4 not acceptable, as there was delay in recording their statement by I.O - There is no reference of last seen evidence of PW3 and PW4 in the first statement of informant - Moreover, PW3 is closely related to..........
Indian Penal Code, 1860, Section 302, 376(2)(g), 201 -- Murder and rape - Circumstantial evidence - Last seen theory - Testimony of last seen witnesses/PW3 and PW4 not acceptable, as there was delay in recording their statement by I.O - There is no reference of last seen evidence of PW3 and PW4 in the first statement of informant - Moreover, PW3 is closely related to..........
Indian Penal Code, 1860, Section 302, 376(2)(g), 201 -- Murder and rape - Circumstantial evidence - Recovery of slippers of deceased at the instance of accused - Admittedly, there is no disclosure statement of accused with regard to place at which slippers had been kept by them and its absence, recovery itself would loose much of its sheen - Moreover, recovery effected..........
