Prevention of Corruption Act, 1988, Section 13(1)(d), 5(2) -- Reduction of sentence - Illegal gratification - Prosecution clearly establishing that accused (Station Health Inspector) demanded bribe from casual sweepers to count their employment, thereby proving guilt of accused/appellant - Proviso to S.5(2) of the Act provided that sentence of less than minimum..........
Indian Penal Code, 1860, Section 302, 323, 148, 149 -- Murder - Death due to gun shot injury - Reduction of sentence - Accused contended that occurrence was of the year 1974 and he is 90 years old now and sending him to prison at this distant point of time would be harsh - Contention rejected, as in the occurrence two persons died and number of others were injured, thus..........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860 -- Compromise during pendency of appeal filed against conviction - Complainant and injured having no objection in acquittal of accused from charges levelled against them, as they are not interested in pursuing the proceedings initiated against accused - Moreover, nothing is mentioned in the judgment of..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d) -- Illegal gratification - Conviction for - Testimonies of prosecution witness and investigating officer corroborating with each other - Minor discrepancies in testimony of other prosecution witnesses would not disprove entire testimonies - Therefore, conviction of accused proper - However, considering the advanced..........
Indian Penal Code, 1860, Section 325 -- Voluntarily causing grievous hurt - Quantum of sentence - Incident had taken place in 1998 - Accused were in their mid 20s and they have undergone 17 months of R.I - Accused sentenced to undergo 3 years of R.I. with Rs.5000 fine in default of which to further undergo R.I for 1 month...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Appeal against conviction - Recovery of 100 gms smack from co-accused - Accused `K' and co accused `A' were travelling together in car being driven by accused `K' - Contraband recovered from pocket of co accused `A' - No incriminating substance recovered from car or personal search of accused `K' - No..........
Indian Penal Code, 1860, Section 364A -- Kidnapping for ransom - Quantum of punishment - Death may be awarded only where kidnapping or abduction has resulted in death either of victim or anyone else in the course of commission of offence - Death sentence in rarest of rare case and life imprisonment for a proved case of kidnapping and abduction would not qualify for being..........
Indian Penal Code, 1860, Section 364A, 302 -- Kidnapping for ransom - Murder - Victim kidnapped for ransom and thereafter done to death - Accused persons held guilty not only u/s 364-A IPC but for murder punishable u/s 302 IPC - Sentence of death awarded to accused is just, fair and reasonable even by standard of rarest of rare cases, evolved and applied by Court -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 1.9 kgs charas - Reduction of sentence - Accused cannot be said to be man of means - Nor accused is a kingpin regularly indulging in the trade of manufacture, supply or sale of narcotic substance - It is his first offence - Sentence of R.I of 12 years reduced to 10 years, being a minimum..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Appeal against conviction - Recovery of 20 gunny bags poppy husk containing 35 kgs each from truck - During nakabandi D.S.P and Gazetted Officer was at spot and search and seizure was conducted in their presence - Recovery of contraband proved by PWs by adducing consistent, cogent and reliable testimonies..........
