Indian Penal Code, 1860, Section 302 -- Murder - Death sentence - Organised crime or mass murders of innocent people call for imposition of death sentence as deterrence - Undue sympathy to impose inadequate sentence would do more harm to the justice system - Punishment should be proportionate to the crime...........
Indian Penal Code, 1860, Section 302 -- Murder - Five members of a family brutally murdered - They were not known to the accused and there was no animosity towards them - Four were of tender age - They were defenseless and the attack was without any provocation - Some of them were so young that they could not resist any attack by the accused - A minor girl of about fifteen..........
Criminal Procedure Code, 1973, Section 248(2) -- Quantum of sentence - Crimes relating to offences against women, dacoity, kidnapping, misappropriation of public money, treason and other offences involving moral turpitude or moral delinquency which have great impact on social order, and public interest, per se require exemplary treatment - Any liberal attitude or taking..........
Punjab Excise Act, 1914, Section 61(1)(a) -- Excise Act amended and sentence imposable enhanced - Held, sentence imposable on the date of commission of the offence has to be imposed...........
Prevention of Food Adulteration Act, 1954, Section 16, 17, Criminal Procedure Code, 1973, Section 433 -- Conviction under POFA Act - Accused sentenced to six months RI - High Court imposed fine of Rs.6, 000/- and commuted the sentence - Order of High Court set aside - High Court cannot commute the sentence - Accused may move the Govt. to commute the sentence of..........
Indian Penal Code, 1860, Section 326 -- Grievous hurt - Conviction - Accused sentenced till rising of Court - Custodial sentence - Trial in the case commenced in the year 1993 - Considering long passage of time, it would be appropriate to restrict the period of sentence to the period already undergone...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Charas - Recovery of 750 grams - Accused convicted and sentenced to undergo sentence of 7-1/2 years and to pay fine of Rs.10, 000/- - Recovery non commercial - No case pending against accused - Protracted trial of 8 years - Sentence reduced to three years and sentence of fine maintained...........
Indian Penal Code, 1860, Section 376 -- Rape - Sentence - It is duty of every court to award proper sentence having regard to the nature of the offence and the manner in which it was executed or committed etc...........
Indian Penal Code, 1860, Section 376 -- Rape - Sentence - Without adequate and special reasons there is no scope for awarding a sentence less than the minimum...........
Indian Penal Code, 1860, Section 376 -- Rape - Sentence - Sentence less than the minimum - Reason indicated that accused belonged to rural area, was an illiterate labourer and belonged to scheduled tribe - Held, not adequate or special reason to award sentence less than the minimum prescribed...........
