Prisons Act, 1894, Section 30(2), Indian Penal Code, 1860, Section 73 -- Death sentence - Custodial segregation - Held, permissible only when death sentence becomes finally executable on rejection of mercy petition - Jail authorities directed to make proper implementation of S.30(2) - However, custodial segregation of death convict during interregnum not supervening..........
Constitution of India, 1950, Article 136, Indian Penal Code, 1860, Section 302 -- Death sentence - SLP against - Procedure to be adopted - Held, when petitioner/accused preferred special leave to appeal against decision of High Court confirming death sentence, Supreme Court can dismiss special leave petition in limine - However, it is desirable to examine materials on..........
Indian Penal Code, 1860, Section 376 -- Rape - Sentence - Evidence on record shows that accused had planned to rape victim one day ahead - Deposition of witnesses would show that there is corroboration in their statements - No reason to doubt veracity of statements made by witnesses - Defence failed to demolish depositions made by witnesses - Prosecution able to make out..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Public servant - Reduction of sentence - Case registered about 14 years ago - Sentence awarded to accused on both counts reduced from three years to two years - Both sentences shall run concurrently and accused will be entitled to benefit of S.428 IPC...........
Indian Penal Code, 1860, Section 302, 63, Criminal Procedure Code, 1973, Section 357(3) -- Murder - Sentence - Fine and compensation - Held, compensation can be ordered only when fine does not form part of sentence imposed...........
Indian Penal Code, 1860, Section 302, 363, 364, 201 -- Murder & kidnapping - Circumstantial evidence - Last seen theory - Time gap between alleged incident and last seen evidence was so wide that possibility cannot be ruled out that in between anybody could meet deceased to accomplish his plans and simply because accused was seen in company of deceased that too at a place..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Reduction of sentence - Accused convicted u/s.307 IPC and sentenced to three years and six months RI - Incident is of the year 1993 - Sentence reduced to 2 years RI...........
Indian Penal Code, 1860, Section 376 -- Rape - Reduction of sentence - Step grandfather alleged to have subjected prosecutrix to rape from a tender age of 12 years and threatened to kill her if she disclosed incidents to anyone - As per medical report hymen found ruptured - He admitted his guilt citing that he was under influence of alcohol when offence was committed -..........
Indian Penal Code, 1860, Section 302, 148, 149 -- Murder - Appeal against conviction - Accused acquitted - The injuries received by the deceased are not fully consistent with the weapons attributed to the 8 accused persons - One of the accused persons was only 13 on the date of incident, yet he has also been implicated for this crime - Facts such as the deceased having..........
Indian Penal Code, 1860, Section 363, 366 - - Kidnapping of 15 years old girl - Victim girl knew the appellant but she did not name the appellant in her statement u/s 161 Cr.P.C. and there is also no explanation as to how and whey she did not name the appellant as the person who had put the handkerchief on her mouth - Involvement of appellant is not attributed by any of..........
