Indian Penal Code, 1860, Section 302, 307, 506(2), 450 -- Triple murder case - Death sentence - High Court while confirming death sentence failed to look at aggravating and mitigating circumstances of criminal - No evidence as to uncommon nature of offence or improbability of reformation or rehabilitation of accused - Fact that accused had no previous criminal record apart..........
Protection of Children from Sexual Offences Act, 2012, Section 6, Indian Penal Code, 1860, Section 376(2)(i)(l) -- Penetrative sexual assault on mentally retarded minor girl - Accused sentenced to undergo R.I of 15 years with fine of Rs.5000 u/s 6 of POCSO Act and in default of payment of fine to undergo 30 days S.I, which is upheld and merits no leniency - Trial Court..........
Indian Penal Code, 1860, Section 354, 448, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xi), 3(1)(x) -- Offence u/ss 354, 448, 34 IPC and Ss.3(1)(xi), 3(1)(x) of SC/ST Act - Compounding of offence - Reduction of sentence - Affidavit filed by complainant shows that incident in question took place almost 9 years ago due to..........
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 passing of a judgment but CJM is..........
Kerala Abkari Act, 1977, Section 55(a) -- Seizure of spirit stored in 58 cans - Reduction of sentence - Incident occurred in 2007 - Three persons were arrested in the incident and accused was one of them - Accused already undergone jail sentence of around 1 year 3 months till date out of total sentence of 3 years as awarded by High Court and he still continues to remain in..........
Indian Penal Code, 1860, Section 364A, 302, 201, 34 -- Kidnapping for ransom - Murder - Disappearance of evidence - Death sentence - Rarest of rare case - Offence committed in pre-mediated manner and involved in heartless betrayed of trust of deceased, who was first cousin of accused - But this is not a sufficient reason to bring it within ambit of rarest of rare cases,..........
Criminal Procedure Code, 1973, Section 435 -- Remission - Conversion of death sentence into life imprisonment is said to be special category of sentence and therefore, imposing life sentence without remission is permissible...........
Indian Penal Code, 1860, Section 302, 307, 324, 326, 448 -- Murder of three minor children and also caused serious injury to fourth minor child - Accused not a previous convict or a professional killer - Motive of accused to commit murder and eliminate family of co-brother is out of family dispute - Case does not fall within category of rarest of rare case warranting death..........
Indian Penal Code, 1860, Section 302 -- Murder of 8 years old girl - Death sentence - Accused acquitted under POCSO Act - Motive for murder is not clear - Accused does not have any criminal background, nor he is a habitual offender - Murder has not been committed with extreme brutality or that same involves exceptional depravity - Only aggravating factor is that accused..........
Protection of Children from Sexual Offences Act, 2012, Section 17, Indian Penal Code, 1860, Section 458, 363, 366A -- Abetment of offence - Kidnapping and sexual assault on minor girl - Reduction of sentence - Case of co-accused is different from main accused - There is no allegation against co-accused u/s 3 of POCSO Act - Sentence of co-accused thus, reduced to 7 years..........
