Criminal Procedure Code, 1973, Section 31(1) -- Punishment - Sentence in case of conviction of several offences at one point - Discretion vests with the Court imposing sentence as to whether the sentences should be made consecutive or concurrent - If court does not direct, it would be understood that the punishment shall run consecutively one after another - However, if..........
Indian Penal Code, 1860, Section 307 -- Reduction in sentence - Appeal against conviction - Appeal not pressed on merits - Occurrence took place in the broad day light and appellant had a motive to attack on the injured because the appellant's father was allegedly murdered by the injured - Accused was a young person of 22 years at the time of occurrence - Accused had no..........
Copyright Act, 1957, Section 63 -- Reduction in sentence - Offence u/s 63 of Copyright Act - S.63 of the Act provides minimum sentence not less than six months - Question for consideration was that whether Court can impose sentence less than the minimum prescribed - Held, yes - Magistrate had the discretion to impose lesser punishment as per the proviso u/s 63 of the Act...........
Indian Penal Code, 1860, Section 395 -- Dacoity - Sentence - Dacoity is a daredevil act - Most of the time, a serious crime like dacoity is committed by unknown persons and it is very difficult to trace them and still difficult to secure their conviction - Looking to the nature of crime and the manner in which the appellants looted temple properties, graver punishment was..........
Indian Penal Code, 1860, Section 323, 34 -- Appeal against conviction - Protracted trial - Occurrence took place 29 years back - One accused aged 51 years and another of 90 years - Proper course in such a situation is to inflict the punishment of fine only - Conviction maintained and sentence of imprisonment set aside - In place thereof each of the accused to pay a fine of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant failed to prove any document of loan or guarantee - Complainant could not specify the date on which the loan was sanctioned - Neither in complaint nor in notice nor in affidavit it was disclosed that liability was towards the loan taken by the husband of the accused - Accused did not give..........
Indian Penal Code, 1860, Section 326 -- Causing grievous injury by dangerous weapon - Conviction u/s 326 IPC - Accused sentenced to imprisonment for one year - Occurrence took place 10 years back - Appellants of young age - Appellants suffered so far - Families depending on income of appellants - Sentence of one year modified to six months and fine of Rs.5, 000/- imposed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Poppy husk - Recovery of 10 kg. - Accused convicted and sentenced to undergo 10 months RI - Prosecution had been successful in proving its case - Conviction upheld - Sentence reduced to already undergone which is 1 month 24 days...........
Prevention of Food Adulteration Act, 1954, Section 7(i), 2(i)(m) -- Food adulteration - Conviction - Reduction in sentence - Sample of food found not in conformity with prescribed standards - Incident took place about 27 years ago - Accused now more than 70 years of age - Suffering from several ailments - Conviction maintained - Sentence reduced to already undergone...........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Conviction u/ss 366, 376 IPC - Appellant Court when satisfied that accused has a strong case of acquittal, then it can suspend sentence and restore liberty for the limited period during which appeal is pending...........
