Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Reduction of sentence - Plea of accused that sentence can be modified by enhancing compensation - Plea held, tenable therefore, sentence of accused modified by setting aside sentence of imprisonment and by enhancing the compensation...........
Kerala Abkari Act, 1977, Section 8(2), 63 -- Recovery of liquor - Reduction of sentence - Accused found to be in possession of 4.5 liters of arrack in plastic can and 3.750 liters of Indian made Foreign Liquor - Such possession is illegal and in violation of the Act - Accused is in custody for about 35 days - Having regard to gravity of offence and quantum of liquor..........
Indian Penal Code, 1860, Section 409 -- Criminal Breach of trust - Reduction of sentence - Embezzlement of 85 liters of diesel by accused/driver, which was actually meant for being filled in passenger bus - Accused was in jail from 1999 and now he is in his late sixties and no longer in service and also ailing - He was not involved in any other criminal activity during his..........
Indian Penal Code, 1860, Section 376(2)(f), 377, 302, Evidence Act, 1872, Section 114(g) -- Rape and murder of 3 year old girl - Reduction of sentence - Court did not take into consideration the probability of reformation, rehabilitation and social re-integration of accused into society - Even, no material or evidence was placed before the Courts to arrive at any..........
Indian Penal Code, 1860, Section 304(Part I) -- Offence u/s 304(Part I) IPC - Reduction of sentence - Accused has been in judicial custody for more than 9 years - Offence u/s 304(Part I) IPC is punishable with life or imprisonment for 10 years - Sentence already undergone by accused thus, sufficient punishment for conviction u/s 304(Part I) IPC...........
Drugs and Cosmetics Act, 1940, Section 27(b)(ii), 28, 18 -- Recovery of 87 items of drugs stored without license - Reduction of sentence - Offence committed in 2008 - Accused had no prior conviction under the Act - He stated that he was not aware that he has to obtain the license for sale of drugs - Sentence of accused reduced from 1 year to 3 months...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Acid attack - Reduction of sentence - Sentence of life imprisonment imposed upon accused - Accused submitted that sentence of life imprisonment is excessive - However, having regard to nature of attack, corrosive substance used and permanent disfiguration caused and imminent threat to life of victim, ends of..........
Indian Penal Code, 1860, Section 354, 448, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xi), 3(1)(x) -- Offence u/ss 354, 448, 34 IPC and Ss.3(1)(xi), 3(1)(x) of SC/ST Act - Compounding of offence - Reduction of sentence - Affidavit filed by complainant shows that incident in question took place almost 9 years ago due to..........
Kerala Abkari Act, 1977, Section 55(a) -- Seizure of spirit stored in 58 cans - Reduction of sentence - Incident occurred in 2007 - Three persons were arrested in the incident and accused was one of them - Accused already undergone jail sentence of around 1 year 3 months till date out of total sentence of 3 years as awarded by High Court and he still continues to remain in..........
Protection of Children from Sexual Offences Act, 2012, Section 17, Indian Penal Code, 1860, Section 458, 363, 366A -- Abetment of offence - Kidnapping and sexual assault on minor girl - Reduction of sentence - Case of co-accused is different from main accused - There is no allegation against co-accused u/s 3 of POCSO Act - Sentence of co-accused thus, reduced to 7 years..........
