Evidence Act, 1872, Section 3 -- Appreciation of evidence - Statement of a witness has to be read as a whole - No conclusion can be drawn by taking one sentence from the statement of witness in isolation...........
Indian Penal Code, 1860, Section 366 -- Offence u/s 366 - Reduction of sentence - 33 years have passed since from the incident - Accused `P' and `H' are now 78 years and 65 years old - Both accused remained in custody for about 3 months and 8 months respectively - Considering the conduct and age of two accused, sending them back to jail to undergo remaining sentence after..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 64A -- Bail - Drug addict - Recovery of 2 gms heroine - Accused a drug addict was earlier arrested twice for small quantity - He is not involved in trade of sale and purchase of NDPS - Considering the sentence of six months prescribed for recovery of small..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Reduction of sentence - Accused was only 22 years of age at time of incident - It was not pre-planned case of attempt to murder - Accused in fit of anger caused injuries to complainant - He has already spent more than 5 years behind bar and was out of jail on bail for more than 12 years - Keeping in view that..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - Accused killed his wife and infant son by setting them on fire - No witness that both deceased and accused were last seen together - No evidence regarding extra judicial confession - PW2 turned hostile - No evidence on record by which accused can be held responsible..........
Indian Penal Code, 1860, Section 323, 325, 148, 149, 452 -- Offence u/ss 323, 325, 149, 452 IPC - Reduction of sentence - Sentence qua imprisonment for offence punishable u/ss 452, 325, 149 IPC is reduced from R.I. for 5 years to R.I for 4 years - Sentence qua offence u/ss 323, 148, 149 IPC held, maintained as awarded by trial Court - All the sentences shall run..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 18 -- Recovery of 6.710 kg. opium - Muddamal seized from accused not produced in Court in the self same condition - Entire seizure, held, not established - Conviction and sentence set aside...........
Protection of Children from Sexual Offences Act, 2012, Section 6, 29 -- Sexual intercourse - Quantum of sentence - Accused was 60 years of age at the time of incident - He has been in jail for a long time and had no bad antecedents - Accused has not shown any misconduct after this case - Sentence of accused modified from life imprisonment to 10 years of R.I with fine of..........
Protection of Children from Sexual Offences Act, 2012, Section 10 -- Rape of 5 years old girl - Quantum of sentence - Crime committed by accused is horrible as a child of 5 years was ravished by an individual aged around 42 years, who is father of five children - Prosecutrix gone to residence of accused to watch T.V and accused exploited her innocence and betrayed the..........
Indian Penal Code, 1860, Section 489B, 489C, Evidence Act, 1872, Section 106 -- Counterfeit currency notes - Recovery of huge currency notes from possession of accused - It is duty of accused u/s 106 of Evidence Act to disclose as to how he got the currency notes - However, accused failed to explain the same - Ingredients of S.489-C proved on record - No leniency can be..........
