Indian Penal Code, 1860, Section 326 -- Reduction of sentence - Accused 55 years of age - Incident 25 years old - Accused facing trial since then which tantamounts to a punishment and mental agony - Accused suffered sentence of 30 days - Sentence reduced to period already undergone - Fine of Rs.5, 000/- to be deposited within five months...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(B), 51, 50 -- Accused found in possession of 750 gms of charas - Sentenced to undergo RI for seven years - Accused not previous convict - Accused suffered protracted trial for 9 years - Sentence reduced from 7 years to 3 years...........
Criminal Procedure Code, 1973, Section 389(1) -- Meaning of word `conviction' and `sentence' - Held, `Conviction' can be taken to mean `the verdict at the time of trial' - `To convict' means to declare guilty after trial' - Whereas primary meaning of word sentence is `punishment imposed' - A sentence follows a conviction...........
Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 498A, 406 -- Conviction of husband and his parents u/s 498-A, 406 IPC - Parents were 65 and 61 years of age respectively at the time of filing of complaint - Parents undergone 2 months and 10 days of actual sentence - Parents ordered to be released on probation - Husband also suffered protracted..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence - Relevant factors - Held, once conviction has taken place, presumption of innocence is not available to accused - But Court would presume accused to be guilty for offence, unless Court, for valid reasons, finds otherwise, at time of suspension of the sentence - Valid reasons are - (a) Nature of..........
Indian Penal Code, 1860, Section 304A, 279, 427 -- Accused convicted and sentenced u/ss 304-A, 279, 427 IPC - Accused seeking probation - Held, probation should not be granted in accident cases - Accused suffered protracted trial of 8 years - Sentence reduced to 9 months RI...........
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), Prevention of Corruption Act, 1947, Section 5(2) -- Illegal gratification - Mere fact that the criminal proceedings lingered on for about 21 years, in itself, could not be said to be a sufficient ground, to reduce the sentence, awarded to the accused...........
Indian Penal Code, 1860, Section 324 -- Accused convicted and sentenced to undergo R.I. for one year - Accused 17 years old - Incident 14 years old - Sentence reduced to already undergone...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Protracted trial for seven years - Appellants in their youth - Appellants did not commit any offence before registration of the present case or after grant of bail - Appellants not involved in the trade of narcotic substance - Quantity recovered non commercial - Sentence reduced to one year - Sentence of..........
Prevention of Corruption Act, 1988, Section 7, 13(2) -- Illegal gratification - Recovery of Rs.200/- from Patwari who demanded money for entering of mutation in revenue record - Evidence of prosecution witnesses corroborated by circumstantial evidence and chemical test - Accused convicted and sentenced to 4 years imprisonment - Sentence neither excessive nor harsh - No..........
