Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued by firm - Managing Director - In absence of firm being arraigned as an accused, Managing Director cannot be held vicariously liable of the charge levelled against him - Conviction and sentence of petitioner set aside...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15(c), Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Accused undergone 6 years 2 months and 15 days out of substantive sentence of 12 years and case of accused is squarely covered by ratio of Daler Singh Vs State of Punjab - Without commenting on merits of case,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Accused also earlier convicted u/s 21 of NDPS Act and that sentence was over - Accused undergone 1 year 6 months and 7 days out of total substantive sentence of 4 years - Keeping in view period of incarceration..........
Indian Penal Code, 1860, Section 376(2)(f), 377 -- Rape of minor girl aged 7 years - Unnatural offence - Post-mortem report and D.N.A test of deceased conclusively establishes commission of natural and unnatural sexual acts on deceased by accused - Deceased happened to be in care and custody of accused - High Court perfectly justified in imposing maximum sentence of life..........
Indian Penal Code, 1860, Section 302, 325 -- Nature of offence - Death of seven years old girl on account of beating by accused - Injuries which were caused by accused on the day of incident were either on skull or hand or thumb - None of injuries could reasonably lead to conclude that said injuries caused asphyxia as deposed by Doctor - Liability of accused in such a..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 3 gms heroine - Non-compliance of provision of S.50 of the Act - No notice was given to accused before search of his person nor he was searched in presence of Gazetted officer or Magistrate - Proceedings relating to search and seizure of contraband articles not properly adhered to, which..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Recovery of 3 gms heroine - Anomaly in weight of seized articles in between Malkhana register, seizure list, FIR and report of analyst - Not explained by prosecution - Delay in sending article for chemical examination also not explained by prosecution - More so, complainant himself acting as I.O violating..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Recovery of 40 grams smack - Appeal against conviction - Reduction of sentence - Accused convicted and sentenced to undergo R.I. for a period of one year and to pay fine of Rs.10,000/- and in default of payment of fine to further undergo R.I. for period of 3 months - Accused is first offender and only..........
Indian Penal Code, 1860, Section 302 -- Triple murder - Circumstantial evidence - Death sentence - Accused committed murder of three persons including his parents in a brutal and cruel manner - He comes from a deprived socio-economic background without any criminal history and his conduct while in custody does not suffer from any blemish - Accused is a young man addicted..........
Indian Penal Code, 1860, Section 326, 324, 325, 147, 148, 149, 504, 506 -- Offence u/ss 326, 324, 325, 147, 148, 149, 504, 506 IPC - Modification of sentence - Accused persons inflicted 8 injuries to injured who was about 80 years of age on the date of incident - However, injured did not suffer any serious or permanent injury and is still alive - More so, 9 years have gone..........
