Prevention of Food Adulteration Act, 1954, Section 16 -- Haldi Sabut - Sample found adulterated - Accused convicted and sentenced to six months RI and to pay fine of Rs.1, 000/- - Protracted trial of 22 years - Sentence reduced to 6 days already undergone - Fine enhanced from Rs.1, 000/- to Rs.10, 000/-...........
Indian Penal Code, 1860, Section 376 -- Rape - Girl aged 8 years - Sentence - In extreme case of rape sentence should be imprisonment for life - An extreme case of rape would be the acts of brutality which may accompany rape - Young age of accused is a mitigating factor while deciding quantum of sentence - Accused 19-20 years of age at the time of commission of offence -..........
Indian Penal Code, 1860, Section 408 -- Criminal breach of trust - Accused Secretary of Co-operative Agricultural Society misappropriated the sum entrusted to him by society - Sentence of three years by trial Court reduced to one and half year by appellate Court - Accused suffered protracted trial for 23 years and now aged about 70 years - Accused not committed any offence..........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Death of child aged 7 years - Protracted trial for 15 years - No ground to reduce the sentence as on account of rash and negligent act of accused life of child aged about 7 years was lost...........
Indian Penal Code, 1860, Section 498A, 406 -- Reduction in sentence - Husband maltreated wife for dowry and misappropriate dowry articles - Accused convicted u/ss 406, 498-A IPC - Protracted trial for 12 years - Sentence reduced to three months on each count instead of one year on each count which shall run concurrently...........
Criminal Procedure Code, 1973, Section 427 -- Concurrent running of sentences - Petitioner was convicted u/ss 302 & 224 of Indian Penal Code and sentenced to life imprisonment and two years rigorous imprisonment in Sessions Trial No.321 of 2005 and in Cr. appeal No.44 of 2008 respectively - Held, as per provision of S.427(2) of the Code subsequent sentence shall run..........
Indian Penal Code, 1860, Section 304 -- Reduction in sentence - Accused and deceased scuffled with each other - Deceased assaulted with stone on left rib which ultimately led to his death - Accused is liable to be convicted u/s 304 Part II and not u/s 302 IPC - Accused already suffered custodial sentence for some years - Sentence reduced to already undergone...........
Criminal Procedure Code, 1973, Section 248(2) -- Quantum of sentence - Appropriate punishment be awarded - Punishment should not be irrelevant - It should conform to and be consistent with the atrocity and brutality with which the crime has been perpetrated...........
Criminal Procedure Code, 1973, Section 357, Indian Penal Code, 1860, Section 307 -- Accused convicted and sentenced to 7 years R.I. and to pay a fine of Rs.10, 000/- - Accused filed appeal against conviction and sentence and complainant also filed criminal revision seeking enhancement of sentence - In revision injured complainant stated that he was not interested in..........
Indian Penal Code, 1860, Section 304 -- Nature of offence - Conviction u/s 302 IPC - Intention to commit murder not established - Merely on seeing his father and brother grappling with deceased, accused No.1 gave axe blow to deceased which could not be said to be intended towards the head - It could have landed anywhere - However, it landed on the head of deceased -..........
