Indian Penal Code, 1860, Section 376, 302, 392, Evidence Act, 1872, Section 118 -- Rape and murder - Robbery - Child witness - Death sentence can be imposed on accused on the basis of testimony of child witness aged 7 years, if statement of child witness is natural, trustworthy and without any chance of being tutored, as it cannot be taken as mitigating circumstances of..........
Indian Penal Code, 1860, Section 376, 302, 392 -- Rape and murder - Robbery - Death sentence - Accused committed number of crimes not only before the incident but also within two days subsequent to present crime - As regarding leaving PW2, child unharmed, it is apparent that he was on a hasty retreat from the place of incident - Merely because accused is 30 years of age,..........
Criminal Procedure Code, 1973, Section 427, Indian Penal Code, 1860, Section 379, 414, 34 -- Concurrent running of sentences - Theft case - Accused convicted and sentenced in 12 different matters including present case - Total length of sentences in aggregate would be around 19 years - Maximum sentence in respect of present crime is 2 years R.I - All the sentences shall..........
Indian Penal Code, 1860, Section 279, 304A, 337, Probation of Offenders Act, 1958, Section 4(b) -- Accident - Rash and negligent driving - Benefit of probation - There is overwhelming evidence to suggest that vehicle was driven by accused in rash and negligent manner, thus no leniency can be shown to accused - Benefit of probation not granted to accused - However, taking..........
Criminal Procedure Code, 1973, Section 433A -- Remission - Convict is not permitted to submit an application u/s 433-A Cr.P.C. because of sentence imposed by Court - If the imposition of sentence is justified, as a natural corollary principle of remission does not arise - Principle for applying remission arises only after expiry of 14 years if Court imposes sentence of..........
Criminal Procedure Code, 1973, Section 377, Indian Penal Code, 1860, Section 302, 364, 201, 34 -- Honour killing - Sentence - Enhancement of - Prosecution preferred an appeal u/s 377 Cr.P.C. before High Court for enhancement of sentence from life imprisonment to death sentence - High Court have power to enhance the sentence from life imprisonment to death sentence...........
Indian Penal Code, 1860, Section 302, 364, 201, 34 -- Murder - Honour killing - Accused convicted - Imposition of fixed term of sentence - Identification of deceased - Deceased was burnt to such point that his own mother could only suggest the identification from the small size of one u, burnt palm - Identification had to be confirmed by DNA testing - Evidence on record..........
Indian Penal Code, 1860, Section 302, 364, 201, 34 -- Murder - Honour killing - Accused committed murder of deceased, as he had inimical relations with the sister of accused and he also belongs to other caste - Dead body of deceased was also burnt by accused after removing his clothes, wrist watch and mobile - Crime was committed in a planned and cold blooded manner with..........
Indian Penal Code, 1860, Section 302, 364, 201, 34 -- Honour killing - Accused convicted - Fixed term sentence - Where Court does not intend to impose death sentence because of certain factors, it may impose fixed term sentence keeping in view public concept with regard to deterrent punishment - Fixed term sentence cannot be said to be unauthorized in law...........
Protection of Children from Sexual Offences Act, 2012, Section 10 -- Sexual assault of minor girl aged about 8 years - Reduction of sentence - Minimum sentence prescribed u/s 10 of the Act is R.I of 5 years, which cannot be modified or altered - Accused aged 60 years committed sexual assault on 8 years old girl, who is akin to his daughter - He was also involved in various..........
