Indian Penal Code, 1860, Section 363, 366 -- Kidnapping - Conviction - Parties subsequently compromised - Complainant married to another person and they are living happily and they have no complaint against accused - Sentence of accused thus, modified to the period already undergone by him - However, accused shall pay a fine of Rs.2 lakhs...........
Indian Penal Code, 1860, Section 413, 414 -- Offence u/ss 413, 414 IPC - No independent, cogent evidence on record that alleged motorcycles were at all recovered from accused and he was habitually dealing in stolen property or assisting in concealment of stolen property - Alleged recovery from open space within alleged small boundary behind old jail as well as from chowk..........
Indian Penal Code, 1860, Section 376 -- Rape of 8 years old girl - Quantum of sentence - Accused is a married man having small children - He has no criminal history - Accused thus, sentenced to 15 years imprisonment with fine of Rs.20,000 and in case of default in payment of fine additional sentence of 3 months will be served by accused...........
Indian Penal Code, 1860, Section 307, Arms Act, 1959, Section 25(1)(a), 27 -- Attempt to murder - Investigation of the case made by Subordinate Officer to complainant not proper and thus, not relied upon - No independent witness of recovery and arrest of accused - There was thus, no fair investigation of case - No reliable and cogent evidence on record against accused -..........
Indian Penal Code, 1860, Section 302 -- Murder - Co-accused absconded - Merely because whereabouts of co-accused who was accompanying accused was not traceable, trial of accused on this score will not vitiate nor impugned order of conviction and sentence set aside on this score...........
Indian Penal Code, 1860, Section 324, 34 -- Offence u/s 324, 34 IPC - Incident took place in 1981 over a petty dispute between children - Accused were 35 and 38 years old respectively at that time and now they have turned around 70 years old - It would not be proper to send them to jail at the age of around 70 years for a petty dispute - Sentence of accused reduced to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B), 29 -- Recovery of 15 kg 600 gms Ganja - Sentence - Accused had not yet accepted consignment of narcotics and in nick of time they could have changed their mind of executing the crime by accepting consignment - Before they could do so, they were intercepted - Even otherwise, accused were not..........
Indian Penal Code, 1860, Section 376, 420, 494 -- Rape - Prosecutrix and accused belong to same area and their families are in social relations with each other - Both are known to each other from last 3 years - Prosecutrix stayed with accused in hotel room with her free volition having raised no hue and cry - Medical report shows no injury on the body of prosecutrix and..........
Indian Penal Code, 1860, Section 332 -- Offence u/s 332 IPC - Reduction of sentence - Both the accused suffered imprisonment for 1 month - Accused are very poor and one of accused is seriously ill - Substantial justice would be met if period of sentence already suffered is set off by increasing fine amount - Accused thus, have to pay fine of Rs.8000 each instead of Rs.5000..........
Indian Penal Code, 1860, Section 279, 304A, 337, 338 -- Reduction of sentence - Offence u/ss 304-A, 279, 337, 338 IPC - Petitioner is a first time offender and there is no other case pending against him - Petitioner has been facing agony of criminal proceedings since 2010 - Taking into account protracted trial, antecedents of petitioner coupled with the fact that he has..........
