Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - - Issuance of three cheques - Cash payment made qua one cheque and said cheque returned - Two other cheques dishonoured - Defence of accused that two cheques were not returned and misused by complainant, as he has paid entire purchase money which is not probable, as if first cheque was returned by..........
Indian Penal Code, 1860, Section 409 -- Reduction in sentence - Criminal breach of trust - Misappropriation of money - Appeal against conviction - Accused convicted and sentenced for R.I. 1 year and to pay fine of Rs.2000/- and in default to suffer R.I. for 6 months - Incident occurred three decades ago and accused has no previous criminal antecedent - Even, accused..........
Indian Penal Code, 1860, Section 302, 307, 506 -- Double murder - Death sentence - Accused was also convicted earlier u/s 304(i) IPC - Though accused killed two women in brutal and gruesome manner but there is also a mitigating circumstance in favour of accused that motive was due to land dispute and occurrence was proceeded by a quarrel - It is not a rarest of rare case..........
Indian Penal Code, 1860, Section 307, Criminal Procedure Code, 1973, Section 320 -- Attempt to murder - Compromise - Offence u/s 307 IPC is not compoundable - However, taking into consideration the totality of the entire facts and circumstances of the case, sentence reduced to already undergone...........
Indian Penal Code, 1860, Section 304B -- Dowry death - Deceased committed suicide - Allegation against father-i, law of deceased - No positive evidence against appellant which can effectively establish his connection with charge of cruelty and torture upon deceased for dowry - Conviction based on inference - Accused presently is 76 years old and is immobile and already..........
Indian Penal Code, 1860, Section 376(2)(f), 504, 506 -- Rape of 7 years old minor girl - Mother of victim alleged that accused was lying top of prosecutrix without any clothes and threatening her daughter not to reveal anything to anybody and after seeing her accused ran away - However, medical report of prosecutrix does not support prosecution case - No injury was found..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Reduction of sentence - Accused an old man aged 57 years and has already undergone more than 7 and half month out of awarded sentence - Accused is burdened with fine by way of compensation equal to cheque amount - Thus, matter calls for taking lenient view as accused is a desolate..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against conviction - Reduction of sentence - Accused was convicted and sentenced to undergo R.I. for one year and to pay fine by way of compensation equal to cheque amount - Accused is 57 years of age and out of awarded sentence has undergone more than 7 and 1/2 months - Moreover, accused is..........
Indian Penal Code, 1860, Section 307, 148, 149, Arms Act, 1959, Section 25 -- Attempt to murder - Property dispute - Allegations against wives of accused - Appellants were merely by-standers - No specific role assigned to appellants while specific role was assigned to two co-accused - Medical evidence also does not corroborate the subsequent allegations made by victim..........
Protection of Children from Sexual Offences Act, 2002, Section 8 -- Sexual assault on deaf and dumb girl aged 12 years - Quantum of sentence - Punishment prescribed u/s 8 of the Act is not less than 3 years which may extend to 5 years - Conduct of accused in sexually assaulting a deaf and dumb girl who was not in a position to protect herself fully warrants maximum..........
