Prevention of Corruption Act, 1988, Section 7, 13 -- Reduction of sentence - Offence u/ss 7, 13 of the Act - Incident is of 1995 and litigation is pending for last 20 years - Appellant is quite old and suffering with ailments and has already lost his job - Considering totality of facts and circumstances of the case, it is just and proper to reduce punishment awarded to..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 423 -- Cheating and forgery - Allegation that accused with the help of his three brothers, forged the signatures of his father and got transferred the tractor in his own name - However, all the brothers of accused were acquitted except accused - More so, signatures in dispute not compared with standard signatures of..........
Indian Penal Code, 1860, Section 325, 447 -- Offence u/ss 325, 447 IPC - Reduction of sentence - Keeping in view the serious nature of offence, sentence cannot be reduced as imposed by High Court - However, ends of justice would be met if sentence u/s 325 IPC modified from sentence of R.I for 6 months to sentence of S.I for 6 months...........
Indian Penal Code, 1860, Section 161, Prevention of Corruption Act, 1947, Section 5(2), 5(1)(d) -- Reduction of sentence - Offence u/s 161 IPC and Ss.5(2), 5(1)(d) PC Act - Appellant is of 88 years of age and is suffering from various ailments - Considering proviso to S.5(2) PC Act, sentence of appellant modified to the period till rising of Court and fine enhanced from..........
Kerala Abkari Act, 1077, Section 55(a) -- Reduction of sentence - Seizure of Indian made foreign liquor - Considering quantity of contraband involved, appellant`s age and that his family dependent on him, High Court rightly modified sentence of appellant - However, seriousness of offence committed appellant, sentence imposed on appellant cannot be further reduced...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Reduction of sentence - Keeping in view the age of accused No.1 mother-i, law who is around 60 years of age and accused No.2, sister-i, law of deceased, who is more than 35 years of age and having a child to take care of, sentence reduced to period already undergone by them...........
Prevention of Corruption Act, 1988, Section 13(1)(d)(i), 13(1)(d)(ii), 13(2) - - Illegal gratification - Demand and acceptance - Complainant could not be examined as he died before trial - Primary evidence of demand is not forthcoming on record - Accused acquitted by High Court u/s 7 of P.C.Act and no appeal preferred against same - Prosecution, held, failed to prove..........
Criminal Procedure Code, 1973, Section 68, 69 -- Non-payment of fine - Court has power to arrest convict and sent him to jail to serve out the default sentence if convict fails to deposit the fine before Court within time stipulated by Court - However, it cannot be read and understood to imply that right of convict u/ss 68 & 69 IPC to deposit fine is taken away by fixing a..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of seven bags of poppy husk - Reduction of sentence - Keeping in view the fact that accused is a poor person and a first offender and he also has to support his family, his sentence reduced from 12 years to 10 years - However, amount of fine of Rs.1 lac is maintained with default sentence of 2..........
Indian Penal Code, 1860, Section 498A, 306 -- Reduction of sentence - Offence u/ss 498-A, 306 IPC - Considering serious nature of offence, no occasion arises for reduction of order of sentence confirmed by High Court for offence punishable u/s 498-A IPC - However, ends of justice would be met by reducing order of sentence passed by High Court from five years to three years..........
