Indian Penal Code, 1860, Section 304A, 279, Motor Vehicles Act, 1988, Section 181 -- Rash and negligent driving - Modification of quantum of sentence - Keeping in view family situation, nature of crime and in the light of principles of Reformative theory of Criminal Jurisprudence, Court reduced sentence of imprisonment from one and half year to one year - With an..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape of 15 years old girl - Quantum of sentence - Prosecutrix was less than 16 years of age at the time of incident and minimum punishment prescribed in law for an offence u/s 376 IPC is R.I. of 7 years which can be reduced only if there exist some special and adequate reasons for the same - However, it is..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42(2) -- Provision of S.42(2) of the Act is mandatory in nature - Non compliance of the provision vitiates the entire trial including conviction and sentence recorded by trial Court...........
Indian Penal Code, 1860, Section 353 -- Offence u/s 353 IPC - Accused allegedly used criminal force to deter complainant from discharging of his duty - Said act of accused is witnessed by three eye witnesses and evidence of eye witnesses on this aspect is reliable - Accused guilty of offence u/s 353 IPC - So far as sentence of accused is concerned, since accused was 32..........
Indian Penal Code, 1860, Section 376, 452, 323, 506 -- Rape of deaf and dumb married woman - Eye witnesses to the incident not supported prosecution case - Victim who is deaf and dumb by birth herself stated by signs and gestures that she absolutely has no knowledge about incident - Victim also stated that neither accused entered her house nor he left her - Moreover,..........
Criminal Procedure Code, 1973, Section 372 -- Appeal by victim against lesser sentence - Not maintainable, as expression used in proviso to S.372 Cr.P.C. is `convicting for a lesser offence' - Conviction and not the sentence is relevant aspect - Moreover, convicting an accused for a lesser offence is not same as convicting accused for a lesser term of imprisonment or a..........
Indian Penal Code, 1860, Section 395, 376, 323, 450, 149, 147 -- Dacoity - Rape of three women belonging to same house - Reduction of sentence - Held, keeping in view the gravity and nature of allegations leveled against accused in as much as they are alleged to have committed dacoity in the residential premises of complainant during night time and in this process also..........
Indian Penal Code, 1860, Section 449, 459 -- Nature of offence - Accused entered into house of complainant for the purpose of or with intention to cause death of deceased for which death is also one of sentence - It is not the case of prosecution that accused entered into the complainant's house after taking precaution to conceal their entry into it - Entry or departure of..........
Indian Penal Code, 1860, Section 376(2)(i), Protection of Children from Sexual Offences Act, 2012, Section 4, Constitution of India, Article 20(2) -- Rape - Double jeopardy - Accused found guilty of alleged offences and convicted under both the provisions of IPC and POCSO Act - However, offender cannot be punished for more than once for a similar offence, as it amounts to..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Death by burning - Dying declaration not proved on record - Presence of accused at the place of occurrence also not proved as he had gone for work - Accused was not absconding and in fact I.O himself stated that accused appeared and identified himself - I.O accepted that he failed to conduct inquires and investigate the..........
