Criminal Procedure Code, 1973, Section 235 -- Quantum of punishment - Requires a balancing act between the competing views based on the reformative, the deterrent as well as the retributive theories of punishment - Sentence should neither be too harsh nor too lenient - In judging the adequacy of a sentence, the nature of the offence, the circumstances of its commission,..........
Criminal Procedure Code, 1973, Section 389 -- Sentence suspended during pendency of appeal - Violation of terms of bail - Conditions which were violated not specified - Held, when there is plea that there is violation of conditions of bail bond then the same need to be specifically pleaded and violation thereof proved to the satisfaction of the Court, so that Court can..........
Criminal Procedure Code, 1973, Section 389 -- Sentence suspended during pendency of appeal - Violation of terms of bail - Cancellation of bail - Remedy available is under proviso II of S.389(1) and an application is to be filed by the Public Prosecutor - Petition u/s 482 Cr.P.C. is not maintainable...........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 360 -- Murder - Death sentence - Rarest of rare cases - Mitigating circumstances - Convict committed murder of his wife and 2 children out of extreme poverty while he himself administered poisonous substance to commit suicide - Nothing on record to show that he was habitual offender and no..........
Indian Penal Code, 1860, Section 376(2), 201 -- Rape and murder of minor girl - Death sentence - Not naming the accused in FIR crates doubt about presence of accused at the place of occurrence - Single testimony on the point of last seen - Testimony of mother and son can be treated as single testimony on point of presence of accused at their land - No corroboration of..........
Indian Penal Code, 1860, Section 376, 511 -- Attempt to commit rape on a minor girl of four years - Appellant made the prosecutrix in the naked condition and also became himself naked and put up himself in the naked condition on the prosecutrix - Held, at is an act to commit rape not mere an act to outrage the modesty of the prosecutrix - Accused in jail for five years -..........
Criminal Procedure Code, 1973, Section 389, Prevention of Corruption Act, 1988, Section 7, 13 -- Illegal gratification - Conviction - Appeal - Suspension of sentence - Complainant turned hostile and admitted that applicant had not demanded any bribe - Trap money was provided by advocate of ship breaking companies which were aggrieved by levy of huge amount of tax - Trap..........
Criminal Procedure Code, 1973, Section 433A -- Remission - Grant of - Period during which accused remains on bail not to be counted towards sentence...........
Criminal Procedure Code, 1973, Section 428, 427 -- Conviction in two cases - It is for the Court to decide whether the sentence in two different cases conviction should merge into one period or not - If no order is passed then two sentences will run one after the other...........
Indian Penal Code, 1860, Section 302 -- Murder - Imposition of death or life sentence - Held, specific guidelines cannot be provided pointing out as to when death penalty can be imposed and when life sentence is sufficient - It depends on facts and circumstances of each case either based on direct or circumstantial evidence - But, crucial aspect which has to be borne in..........
