Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of charas - Reduction of sentence - Accused contended that since they were already spent more than 7 years in custody, sentence should be reduced to the period already undergone - Contention rejected as both the accused found guilty of offence u/s 20(b)(ii)(C) of Act and minimum sentence..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Appeal against conviction - Prosecution case from the beginning was against only three accused, but how fourth and fifth accused arrayed not explained - Genesis of incident suppressed by prosecution - No evidence on record proving guilt of fifth accused `S' - Statement of PWs 7 & 9 who allegedly called eye witnesses not..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(b) -- Recovery of 20 gms heroin - By considering evidence on record both oral and documentary, trial Court rightly convicted accused to suffer R.I. for 5 years and to pay fine for Rs.20,000/- and in default to suffer further R.I. for 1 year - Moreover, accused already served out his sentence and has paid fine..........
Indian Penal Code, 1860, Section 396 -- Dacoity with murder - Accused acquitted on the following grounds: (i) Motive set out by prosecution is weak; (ii) There is no recovery from accused; (iii) All the PWs who have deposed against accused are family members and hence their testimony cannot be relied upon; (iv) Other witnesses of fact did not recognize the miscreants thus..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, Criminal Procedure Code, 1973, Section 313 -- Recovery of 3 kgs charas - Reduction in sentence - Accused ordered to undergo R.I. for period of 14 years and to pay fine of Rs.1 lac each and in default of payment of fine to undergo further imprisonment for period of 1 year each - All accused are unmarried..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 35 kgs poppy husk - Appeal against conviction - Reduction of sentence - Accused convicted and sentenced to undergo R.I. for 12 years and to pay fine of Rs.1 lac each and in default of payment of fine to undergo further R.I. for 1-1/2 years each - Accused `J' is old aged person suffering from..........
Prevention of Corruption Act, 1988, Section 8 -- Illegal gratification - Conviction of accused u/s.8 of the Act - Remission of sentence - Considering that trial and appeal proceedings continued for 17 years now causing mental trauma and incarnation - Also bribe amount was only 700/- and accused has already undergone 7 months against statutory minimum 6 months imprisonment..........
Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Dowry death - Cruelty - Demand of dowry - General allegations without any date and time of incident of demand of dowry - There is absolutely no material to connect accused with demand of dowry, cruelty, harassment to constitute the alleged offence - Statement of PWs no.1 & 2 are self..........
Indian Penal Code, 1860, Section 363, 376, 506 -- Kidnapping and rape - Quantum of sentence - Keeping in view the age of accused as well as fact that prosecutrix is now married and having three children and also fact that accused is facing trial for the last more than seven years, sentence of accused is reduced from ten years to seven years - However, fine remains the..........
Criminal Trial -- Reduction of sentence - While exercising discretion of reducing the sentence, statutory minimum sentence is to be seen and for that, adequate and special reasons are to be recorded...........
