Service -- Judicial service - Misconduct - Appellant involved in rendering of decisions actuated by corrupt practice or by oblique motives - Two criminal cases which were tried by appellant involved offences u/s 135 of Customs Act - Appellant alleged to have been awarded less than minimum sentence without recording special or adequate reasons favouring accused - Plea of..........
Indian Penal Code, 1860, Section 376, 511 -- Rape of 8 years old minor girl - Testimony of prosecutrix and eye-witness highly inconsistent with prosecution story and other witnesses - There is no medical evidence on record that rape was committed - Prosecution produced five witnesses but not a single witness is trustworthy - In fact even formal witnesses are full of..........
Criminal Procedure Code, 1973, Section 432, 433A -- Life convict - Pre-mature release - Petitioner already undergone more than 10 years and five months of actual sentence of imprisonment and about 14 years after adding remissions - Case of petitioner falls squarely under instructions issued by Governor of Punjab for pre mature release - Merely because appeal against..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence during pendency of appeal - With direction to deposit 30% of cheque amount - Condition not harsh - However, at the most petitioner may be entitled to some instalments for making such payment so as to make him convenient to deposit such..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 2(1) -- Juvenile - Murder case - Accused `D' was more than 16 years of age but less than 18 years at the time of occurrence - He was convicted and sentenced to life imprisonment u/s 302 IPC - During pendency of appeal against conviction, Act of 2000 came into force repealing 1986 Act, which raised the..........
Indian Penal Code, 1860, Section 497 -- Adultery - Testimonies of PWs - No evidence on record that accused ever developed relations with PW2 against her wishes, rather there is overwhelming evidence on record to suggest that PW2 was a consenting party - There is lot of contradictions and inconsistencies in the statements of PWs - Even PW2, against whom accused allegedly..........
Indian Penal Code, 1860, Section 326, 324, 452 -- Offence u/ss 326, 324, 452 IPC - Allegation that all accused being members of one family including petitioner attacked complainant with common object by use of sharp edged weapon, lathies etc - Though petitioner also attributed a role in aggression but no specific allegation is made out against petitioner about his personal..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 32A -- Remission of sentence - Accused can pray for suspension of sentence when appeal is pending for adjudication - Court has power to suspend, remit and commute the sentence...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 32A, 37, Constitution of India, 1950, Article 32, 142, Punjab Jail Manual -- Remission of sentence - Denial of power of Courts to suspend sentence which has been declared as unconstitutional, does not confer a right on the convict to ask for suspension of sentence as a matter of right in all cases nor does it..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 32A, 37, Constitution of India, 1950, Article 72, 161, 32 -- Remission of sentence - When pardon or remission can be given u/Art.72 or 161 of Constitution by constitutional authority, Courts cannot exercise similar power u/Art.32 of Constitution of India...........
