Indian Penal Code, 1860, Section 302, 376, Criminal Procedure Code, 1973, Section 366 -- Rape and murder - Death sentence - Death sentence can be awarded even in a case of circumstantial evidence...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205(2) -- Dishonour of cheque - Summons issued dispensing with personal attendance of accused - If accused is acquitted or accused is convicted and sentenced with a fine only then it is not necessary to insist on personal presence of accused to receive judgment - However, if sentence is..........
Indian Penal Code, 1860, Section 376, 366, Criminal Procedure Code, 1973, Section 235 -- Conviction u/ss 366 and 376 and accused sentenced to 7 years RI - High Court reduced the sentence to the period already undergone - Court should award proper sentence having regard to the nature of the offence and the manner in which it was committed - Father of victim filed an..........
Criminal Procedure Code, 1973, Section 446, 449(ii) -- Order of penalty on forfeiture of bond - Appeal thereagainst - Held, an appeal ordinarily would lie to Court of Session from an order passed by an Assistant Sessions Judge - But where the sentence imposed exceeds imprisonment for seven years, the appeal will lie before the High Court - Appeal against any sentence of..........
Criminal Procedure Code, 1973, Section 431, 30 -- Default sentence - Imposition of - To facilitate recovery - Held, compensation payable u/s 357(3) Cr.P.C. is deemed to be fine for the purpose of recovery - S.30 Cr.P.C. confers on court the power to impose a default sentence to facilitate recovery - Thus for the purpose of recovery, fines and compensations are equated by a..........
Criminal Procedure Code, 1973, Section 431, 428 -- Word `fine' in S.428 Cr.P.C. - Meaning of - Held, word `fine' appearing in S.428 definitely hold within its wings deemed fines u/s 431 Cr.P.C. until they are recovered - Benefit of S.428 Cr.P.C. cannot be extended to a person facing prospect of a default sentence for no, payment of compensation...........
Indian Penal Code, 1860, Section 395 -- Reduction of sentence - Incident fifteen years old - Held, that in a serious case of dacoity no leniency in sentence is desirable and the passage of time cannot wash away gravity of offence...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c) -- Commercial quantity - Sentence - Reduction of - Held, provisions of S.20(b)(ii)(C) of NDPS Act do not make distinction between actual owner and mere transporter of contraband ganja on question of imposing sentence - Appellants have been found guilty of possessing and transporting 2 quintals and..........
Indian Penal Code, 1860, Section 376 -- Rape - Reduction in sentence - Court has to record adequate and special reasons in the judgment and not fanciful reasons which would permit the Court to impose a sentence less than the prescribed minimum - Adequate and special reason depends upon several factors - No strait-jacket formula can be indicated...........
Indian Penal Code, 1860, Section 376 -- Rape - High Court reduced less than prescribed sentence without recording reasons much less any adequate and special reasons for reducing the sentence - Held, High Court was not justified in reducing the sentence below the prescribed minimum...........
