Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 427 -- Dishonour of cheque - Conviction in seven cases - Concurrent running of sentences - Accused is languishing in jail since 7.11.2017 and in none of cases provisions of S.427 Cr.P.C was taken note by Courts below - Sentences passed in all the criminal cases u/s 138 of the Act would..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sentence - Court while sentencing accused for offence u/s 138 of the Act has to keep compensatory part in mind which has to be commensurate to cheque amount and not to exceed twice the amount, so that it can be appropriated towards the compensation payable to complainant u/s 357 Cr.P.C...........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Last seen theory - Long time gap between alleged last seen and recovery of body - Whether the deceased had in fact gone with accused after which his dead body was found had not been proved - There is no definitive evidence of last seen and also the fact that there is a long time-gap between..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 1 kg 250 gms charas - Independent witness not supported prosecution case - Accused were apprehended at 5.45 PM but I.O stated that photographs were clicked at 6.45 PM - However, in view of photographs it reveals that these photographs were clicked in broad day light where entire background was..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A -- Juvenile - Petitioner was 16 years and 7 months old on the date of crime - He was thus, a juvenile in conflict with law on the date of commission of offence - However, since petitioner raised the plea of juvenility first time in present writ petition and petitioner has served 12 years and 3 months..........
Negotiable Instruments Act, 1881, Section 138, 148, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Court can suspend sentence during pendency of appeal without deposit of 20% of amount of fine/compensation in an exceptional case - If Appellate Court comes to conclusion that it is an exceptional case and that imposing condition to deposit of 20% amount..........
Negotiable Instruments Act, 1881, Section 138, 148, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence without imposing condition of deposit of 20% of compensation amount without there being a plea by accused - When an accused seeks a blanket order of suspension of sentence then Court has to consider whether the case falls in..........
Indian Penal Code, 1860, Section 376 -- Rape - Sentence - Accused was only bread earner of family and at the relevant point of time he was 26 years old - Ends of justice would be met if accused is sentenced to suffer imprisonment of 4 years instead of 7 years for committing offence u/s 376 IPC...........
Indian Penal Code, 1860, Section 302, 307 -- Murder - Sentence - Incident is of the year 1995, almost 28 years old - Awarding death sentence would not be appropriate - Life imprisonment is thus, awarded to accused u/s 302 IPC along with fine of Rs.20 lacs and R.I of 7 years awarded u/s 307 IPC along with fine of Rs.5 lacs - Both the sentences shall run concurrently...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Non-following of S.50 of the Act may not vitiate trial but would render the recovery of illicit article suspect and vitiate conviction and sentence...........
