Indian Penal Code, 1860, Section 279, 304A -- Fatal accident - Rash and negligent driving - Reduction of sentence - Accused had undergone total sentence of 6 months and 16 days including remission of 20 days out of total sentence of one year and during his custody he was having good conduct in jail premises - No other criminal case is pending against accused - Since matter..........
Indian Penal Code, 1860, Section 363, 366, 376(2)(F), (N), Protection of Children from Sexual Offences Act, 2012, Section 5(L)(N)(6) -- Kidnapping and rape - Age of prosecutrix - Admission form and record of school first attended by prosecutrix assume importance but the same was withheld from Court - Prosecutrix was hovering around the age of 18 years - As regarding..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15(c) -- Recovery of 10 bags of poppy straw - Reduction of sentence - Accused has undergone 8 years of imprisonment out of sentence of 10 years imprisonment imposed on him - As accused is on bail since year 2010, no ground to reduce the sentence to period already undergone by accused in view of mandatory..........
Indian Penal Code, 1860, Section 376(2)(g), 120B - - Reduction of sentence - A-1 at the time of incident was working as driver and A-2 was a singer having good reputation - Both accused were aged about 24-25 years and have no criminal antecedents and they hail from backward area - Even conduct of accused in jail was very good and satisfactory - Considering the facts and..........
Indian Penal Code, 1860, Section 376, 504 II - - Rape - Reduction of sentence - Accused at the time of commission of offence was just above 18 years - No criminal history shown against accused - Accused is in jail for about 5 years and 3 months - In view of minimum sentence of 7 years as prescribed u/s 376 IPC and also considering fact that no physical injury was caused to..........
Indian Penal Code, 1860, Section 304(Part II),341,323,304,34 -- Nature of offence - Murder - As per oral evidence and other material on record, it is evident that occurrence happened in evening in continuation of altercation that occurred in morning - This shows that there was no premeditation or pre-plan to commit murder of deceased - Conviction of accused u/ss 304, 34..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident occurred in a spur of moment - There was quarrel between father and daughter as to where bulb is to be put on - In sudden quarrel and in spur of moment, accused threw chimney lamp on his daughter - Occurrence was sudden and there was no premeditation - Chimney lamp was burning which accused..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of execution of sentence during pendency of appeal - Prayer cannot be declined by applying principles applicable to suspension of operation of order of conviction - Impugned order declining prayer to suspend execution of sentence by applying principles applicable to suspension of operation of order of conviction set..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of execution of sentence during pendency of appeal - Length of imprisonment has obvious bearing on consideration of prayer for suspension of execution of sentence during pendency of appeal - When there is fundamental error as regards such an over-bearing factor, prayer of appellant requires reconsideration after..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of execution of sentence during pendency of appeal - Prayer rejected considering sentences to run consecutively but sentences were to run concurrently - Order passed considering sentences to be for 45 years whereas sentence was for 7 years - Length of imprisonment has obvious bearing on consideration of prayer for..........
