Indian Penal Code, 1860, Section 302, 376(1), 364, 369, 392, 499, Criminal Procedure Code, 1973, Section 366 -- Rape and murder of minor child - Allegation that accused after committing trespass enticed away child aged 2 years, raped her and killed her - Accused was a paedophile with extremely violent propensities as he had been convicted and sentenced u/s 354 in the year..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18 -- Opium - Recovery of 2.5 kg. - Sample found to be containing 2.47% morphine and thus total quantity of morphine recovered comes to about 59.28 gms. - Appellant already undergone almost 4 years, 3 months and 20 days sentence - Sentence reduced to already undergone...........
Indian Penal Code, 1860, Section 395 -- Accused convicted for offence of dacoity - Rs.2, 860/- in cash, one lotta, and one glass constituted articles of loot - Accused persons faced agony of protracted trial of 28 years and are now of old age - No allegation of any injury alleged to have been caused by any of the accused - Sentence awarded by the High Court reduced to 3..........
Indian Penal Code, 1860, Section 304 -- Reduction in sentence - Murder - Accused convicted - Incident 26 years old - Accused inflicted only single blow - Sentence reduced to 5 years RI...........
Prevention of Food Adulteration Act, 1954, Section 16(1)(a) -- Milk - Sample found adulterated as milk sold not fat was found 7% as against the prescribed standard of 8.5% - Accused convicted and sentenced to minimum prescribed sentence of six months RI - Sentence cannot be reduced when minimum sentence prescribed by statute is awarded...........
Prevention of Food Adulteration Act, 1954, Section 16(1)(a)(i), 7 -- Revision petition - Assailing conviction u/s.7 of the Act for adulteration of milk - Minimum sentence prescribed by Act has been awarded - As per the sworn statements of Medical Officer and Food inspector and in absence of public witness, conviction of accused is found to be proper - Merely because 22..........
Criminal Procedure Code, 1973, Section 304, Legal Services Authorities Act, 1987, Section 9, Constitution of India, 1950, Article 39A - - Triple murder - Death sentence - Legal aid to accused - Held, in such cases accused is required to be defended by advocate who had sufficient experience in subject which he is called upon to handle...........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 366, 367, 368 -- Triple murder - Death sentence - Confirmation - Held, in cases of reference made u/s 366 of the Code for confirmation of death sentence, considering the provisions of the Code in relation to powers of High Court conferred u/ss 367, 368 of the Code, the sessions trial could not be..........
Criminal Procedure Code, 1973, Section 438, 389 -- Bail or suspension of sentence during pendency of appeal - (a) long pendency of trial or an appeal after conviction would be a consideration for grant of bail; (b) Delay in conclusion of trial is one of the considerations for grant of bail and in case accused is responsible for the delay then no relief can be granted; (c)..........
Criminal Procedure Code, 1973, Section 389, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 32A, 37(d)(b)(2) -- Suspension of sentence during pendency of appeal against conviction under NDPS Act - Held, taking into consideration the facts and circumstances of the case, in case delay in disposal of appeal is not attributable to the appellant himself, Court may..........
