Indian Penal Code, 1860, Section 376 -- Rape - Promise of marriage - Reduction of sentence - High Court rightly accepted the version of prosecutrix and while affirming conviction of accused, reduced the sentence from 7 years to 2 years R.I with fine of Rs.35,000, in default thereof to undergo further period of 6 months as simple sentence - No interference warranted in the..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2), 20 -- Illegal gratification - Accused demanded and accepted Rs.300 from complainant as illegal gratification towards monthly mamools by threatening to seize the stocks and foist a case against him - Complainant and all PWs turned hostile - Prosecution has not examined any other witness present at the time when..........
Indian Penal Code, 1860, Section 363, 366A -- Kidnapping - Prosecutrix herself admitted that she accompanied accused voluntarily as she wanted to marry him - She remained with accused for 8/9 days voluntarily - Prosecutrix also stated that accused did not commit any wrong with her - More so, age of prosecutrix was between 17 to 18 years, that means she was mature enough to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), 8(c), 23(c), 28 -- Recovery of heroine - Reduction of default sentence - Accused a Foreign national - Amount of fine is not likely to be realized from her - Default sentence imposed by trial Court appear to be rather harsh - While maintaining sentence of accused as 10 years R.I with Rs.1 lac fine, default..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Complainant made unauthorized construction which is liable to be demolished - Accused allegedly demanded illegal gratification for not reporting said matter to encroachment department - Not reporting of matter would be an act performed by accused in his private capacity and not in his..........
Criminal Procedure Code, 1973, Section 374, 386 -- High Court altered conviction from S.308 to S.325 IPC - Appeal against - As per medical evidence on record, injured has sustained fracture, which would fall under `grievous hurt' u/s.320 IPC - Therefore, alteration of conviction and sentence from S.308 to S.325 IPC, proper...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(3) -- Dishonour of cheque - Compensation - When sentence of fine is imposed then Court has no authority to order compensation...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Accused convicted and sentenced to undergo imprisonment for 1 year and pay compensation of Rs.8,70,000/- Moreover, accused agreed to pay amount which is higher than amount which is directed to be paid as compensation - Even, amount, which is directed to be paid includes..........
Criminal Procedure Code, 1973, Section 421(1) -- Fine - Convict served the sentence of imprisonment in default of payment of fine - Warrant for realisation of fine not to be issued ordinarily unless there are special reasons for doing so - Special reasons must have some relation to the failure on the part of State to recover the fine amount before convicted person..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B), 20(b)(ii)(C) -- Nature of offence - Recovery of 22 kg ganja - Discrepancy in weighment of samples - Samples were found to be more than 100 gms less in weight than 1 kg, when it reached FSL - Instead of electronic weighing scale, normal weighing scale used for weighment - More so, description of..........
