Criminal Procedure Code, 1973, Section 428 -- Set off - Period of detention undergone as under trial prisoner in one case - Can be set off against period of sentence imposed in another case...........
Criminal Procedure Code, 1973, Section 482 -- Claim of set off - Can be invoked by way of miscellaneous application at any time while sentence runs against him even long after passing of order of conviction...........
Indian Penal Code, 1860, Section 364A -- Kidnapping for ransom - Proof - No charge u/s 120-B was framed against "S" - Recovery of a katta at his instance - No charge under Arms Act was framed against appellant "S" - Further, it is not prosecution's case that this katta was used to abduct PW1 - On the other hand, it is alleged that "R" was armed with such a weapon - Held,..........
Indian Penal Code, 1860, Section 304A -- Rash and negligent driving - Sentence cannot be reduced on ground of protracted trial - Merely because fine amount is enhanced sentence cannot be reduced drastically...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Validity - Both Courts below have considered evidence in considerable detail and have come to the conclusion that defence set up by accused cannot be accepted - On the other hand, evidence of complainant was found convincing and had come to the conclusion that amount of Rs.50,000/- was..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Sentence - Amount of Rs.50,000/- involved - Accused was convicted and sentenced to one month simple imprisonment and pay compensation of Rs.5000/- - Accused showing willingness to pay amount of compensation awarded by Court below within a period of ten days - Held, award of imprisonment for..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20,52,55 -- Recovery of 5 kg ganja from the bag of appellant - Non-compliance of Ss.52 & 55 of the Act - Neither delay in delivering bag at FSL has been explained nor Malkhana Register was produced in evidence - Prosecution did not establish that seized Ganja was kept in safe custody in Malkhana -..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 376,506 -- Suspension of sentence and grant of bail during pendency of appeal - Conviction u/ss 376 & 506 IPC - Appellant was on bail during the course of trial - Also granted interim bail on as many as three occasions and he did not misuse his liberty - Appellant already undergone almost 6-1/2..........
Indian Penal Code, 1860, Section 279, 304A, Criminal Procedure Code, 1973, Section 313 -- Examination of accused - Petitioner has been examined in his statement recorded u/s 313 CrPC - In one sentence it is recorded that all incriminating evidence has been put to accused and thereafter his denial has been recorded - From perusal of statement of accused it is not evident..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Compromise between parties - Held, offence allowed to be compounded on the basis of compromise - Judgment of conviction and order of sentence passed by both Courts below set aside - Revision allowed...........
