Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Compromise - Parties are brothers and belong to same family - Matter has been amicably settled between them - Sentence awarded to appellant reduced to period already undergone by them - However, fine amount remains same - Sum of Rs.10,000 is imposed as cost of proceedings...........
Indian Penal Code, 1860, Section 354, 376(AB), Protection of Children from Sexual Offences Act, 2012, Section 6, 10 -- Nature of offence - Direct allegation of touching private parts of victim and also at the same time, appellant touching his private organs, is alleged by victim in her statements - Conviction recorded u/s 376(AB) IPC and u/s 6 of POCSO Act not sustainable..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 430 -- Suspension of sentence during pendency of appeal - Power to suspend extends to fine component as well...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B) -- Contraband - Accused was found in possession of 345 grams of Charas - Trial Court sentenced accused to undergo R.I. for 5 years with fine of Rs.25,000 - However, Notification issued by Central Government shows that 100 grms of charas is a small quantity whereas 1 kg of charas is commercial..........
Indian Penal Code, 1860, Section 302, 304(Part II), 149 -- Nature of offence - Death of deceased took place after about eight days of incident and cause of death is septicaemia due to ante mortem injuries - Act of appellants falls u/ss 304 Part-II, 149 IPC - Since, incident took place more than 43 years ago and now appellants are above 78 years of age, period of sentence..........
Protection of Children from Sexual Offences Act, 2012, Section 6 -- (As amended) - Offence u/s 6 of the Act - Offence was committed on 20.05.2019, prior to amended S.6 of the Act - Sentence of imprisonment for life meaning remainder of natural life as per amended provision, did not exist in the statutory framework on date of incident - Under unamended S.6 of the Act,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quantum of fine - Act do not prescribe criteria for determination of quantum of fine to be imposed, but discretion is given to Courts to impose suitable fine taking note of several circumstances including amount of cheque and also time consumed for trial of case and other attending circumstances...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sentence of fine - While passing order of sentence after determining fine/compensation, Court shall also pass an order to pay future interest @ 9% p.a. on the compensation amount payable to complainant by fixing time of one/two months to deposit compensation amount so that even if matter is challenged..........
Criminal Procedure Code, 1973, Section 30(1)(b), Bharatiya Nagarik Suraksha Sanhita, 2023, Section 24(1)(b) -- Sentence of imprisonment in default of fine - If substantive sentence of imprisonment is not imposed, S.30(1)(b) Cr.P.C. or S.24(1)(b) BNSS do not restrict duration of default sentence that can be imposed - Restriction of one fourth of term of imprisonment..........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Sentence of fine - Transaction between complainant and accused Nos.1 to 3 was business transaction that took place in the year 2009 - Conclusion of trial has taken nearly four years - Matter which was taken in appeal has taken nearly 1-1/2 years and matter is pending before High Court since nearly..........
