Criminal Procedure Code, 1973, Section 30, 429 -- Default sentence - Default sentences inter se cannot be directed to run concurrently - However, considering financial condition of accused, a case is certainly made out to have sympathetic consideration about quantum of default sentence - While maintaining quantum of fine in respect of four counts of offences punishable..........
Indian Penal Code, 1860, Section 376 -- Rape - Sentence - Prosecution failed to prove the offence of rape committed by accused - Accused has already undergone entire sentence since no bail was granted by High Court - Prosecutrix shall refund the amount of Rs.30,000 paid by accused with 6% interest p.a, if payment was made by accused...........
Indian Penal Code, 1860, Section 324 -- Offence u/s 324 IPC - Reduction of sentence - Incident occurred about 40 years ago - Accused on bail since 1982 and remained in custody for few days - It will be just and appropriate to sentence accused with R.I for a period already undergone by him with fine of Rs.10,000...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of five bags of poppy husk - Plea of false implication - Court acquitted co-accused on the same set of evidence including evidence led by accused and co-accused - Defence evidence pertains to false implication - Trial Court failed to consider defence set up by accused persons while convicting them..........
Criminal Procedure Code, 1973, Section 235(2) -- Death sentence - Kidnapping and murder - Accused not heard on question of sentence - Order of sentence set aside - Case remanded to trial Court with direction to pass fresh order on sentence after following procedure provided u/s 235(2) Cr.P.C...........
Indian Penal Code, 1860, Section 307, 149, 147, 148, 323, 324, 326 -- Attempt to murder - Prompt FIR of incident lodged by informant, who himself sustained as many as 18 injuries including lacerated wounds - However, no injury of any of three injured persons is alleged to be on chest or head, vital parts of body - Conviction of accused u/ss 307, 149 IPC held, set aside -..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - A-1 alone had previous enmity with deceased and other accused appeared to have joined A-1 only to help him - Considering weapons used namely sticks and nature of injuries, High Court rightly thought it fit to modify the sentence of other accused including A-1 from S.302 IPC to S.304(Part II) IPC...........
Indian Penal Code, 1860, Section 326, 323, 34 -- Offence u/ss 326, 323, 34 IPC - Accused `N' was 21 years of age at the time of incident - He faced agony of trial for last 11 years - Accused `N' is not a previous convict - Moreover, accused `N' already undergone about 10 months of imprisonment - Sentence of accused `N' thus reduced from 3 years R.I to 1 year R.I. u/s 326..........
Contempt of Courts Act, 1971, Section 2(c)(iii) -- Contempt of Court - Filing of false affidavit and attempting to mislead Court - Filing of affidavit by appellant was supported by contemporaneous official record, which cannot be termed as an attempt to obstruct due course of administration of justice - More so, High Court unjustly proceeded against appellant without..........
Indian Penal Code, 1860, Section 324, 326 -- Offence u/ss 324, 326 IPC - Reduction of sentence - Occurrence is of 23 years ago - Considering injuries and nature of weapon wielded by accused, sentence of accused u/s 324 IPC reduced from 3 years to 2 years - However, order of reduction of sentence by High Court u/s 326 IPC from 3 years to 2 years is affirmed...........
