Juvenile Justice (Care and Protection of Children) Act, 2000, Section 15 -- Juvenile - Quantum of sentence - Accused declared to be juvenile by JJ Board - No doubt offence against accused is proved on record, but since on the date when offence was committed he was a juvenile, thus, he has to be convicted under JJ Act - As accused has already undergone two years and four..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, Criminal Procedure Code, 1973, Section 439 -- Bail - Cultivation of 400 cannabis plant - Quantum of punishment - Punishment for cultivation of cannabis plant does not depend on quality or number of plants cultivated but is dependent upon quantity of cannabis - Even cultivation of one plant of cannabis is..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Husband contended that no opportunity to adduce evidence was given to him while granting maintenance to wife - However, evidence on record shows that numerous opportunities were given to husband to adduce evidence but he did not afforded the same - Moreover, quantum of maintenance has not been challenged by..........
Indian Penal Code, 1860, Section 304B, Dowry Prohibition Act, 1961, Section 4 -- Dowry death - Quantum of punishment - Deceased died within seven years of her marriage otherwise under normal circumstances - All the essential ingredients to constitute the offence u/s 304-B IPC and S.4 of Dowry Prohibition Act were established by prosecution beyond reasonable doubt - Accused..........
Transfer of Property Act, 1882, Section 116 -- Payments after expiry of lease tenure - Could only be categorized as `use and occupation charges' and not `rent' unless it is demonstrated to the contrary - This demonstration necessarily commences when there is clear and specific pleading in this behalf - The frequency of payments and quantum of those payments, coupled with..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B), 20(b)(ii)(C) -- Nature of offence - Recovery of 22 kg ganja - Discrepancy in weighment of samples - Samples were found to be more than 100 gms less in weight than 1 kg, when it reached FSL - Instead of electronic weighing scale, normal weighing scale used for weighment - More so, description of..........
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..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 29, 21, 23 -- Recovery of heroin - Discrepancies regarding quantum of heroin - Since the entire search and seizure process was conducted without giving any option as required u/s 50 of Act, search and seizure proceedings are illegal and no reliance can be placed on the disclosure statements of accused regarding..........
Indian Penal Code, 1860, Section 304B, 498A, 315, Dowry Prohibition Act, 1961, Section 4 -- Dowry death - Death by hanging - Quantum of sentence - Keeping in view the fact that accused is young and poor man and even he is incarcerating in jail since 2005, minimum sentence provided for offence u/s 304-B IPC would meet the ends of justice - Sentence u/s 304-B IPC modified to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quantum of sentence - First Appellant Court reduced the sentence of 1 year as awarded by trial Court and ordered release of accused on probation - As regarding compensation of Rs.50 lakhs to complainant, first Appellate Court granted substantial relief to accused to make payments in instalments -..........
