Indian Penal Code, 1860, Section 29, 53 -- Fine - Punishment - There is no limitation for imposing fine by CJM - Only limitation is with regard to Judicial Magistrate who cannot impose a fine of more than Rs. 10,000/- in a case tried by him - Fine as imposed under Indian Penal Code has to be treated as sentence in view of S.53 IPC...........
Indian Penal Code, 1860, Section 304A, 279, Probation of Offenders Act, 1958, Section 4 -- Probation - Rash and negligent driving - Conviction of the petitioner by Courts below do not call for any interference - Mitigating circumstances that petitioner has already undergone two and half months of actual sentence - He had faced trial for about five years - He is the sole..........
Probation of Offenders Act, 1958, Section 4(1) -- Penal Code, 1860, Section 404 - Probation - Conviction u/S.404 IPC - Sentence of 4 years Rl -Have already undergone imprisonment of about 3 months - Accused 21 years of age - Conviction recorded 12 years ago - Do not find it a fit case to send the appellant to jail at the stage - Released on probation for a period of two..........
Indian Penal Code, 1860, Section 84, 436 -- Criminal Procedure Code, 1973, Section 357 - Appellant-accused convicted under Section 436 IPC for setting restaurant of complainant on fire - Plea of unsoundness of mind for falling his case u/S.84 IPC and extending benefit of general exception not made out - Discrepancies and contradictions pointed out minor in nature not going..........
Criminal Procedure Code, 1973, Section 377(3) -- State appeal for enhancement of sentence - Accused has a right to be heard for his acquittal...........
Criminal Procedure Code, 1973, Section 377(3) -- State appeal for enhancement of sentence - Accused has a right to be heard for his acquittal...........
Contempt of Courts Act, 1971, Section 10, 11, 12 -- Contempt of Court - Supreme Court order that no licence for opening of saw mills and plywood industries be given - Forest Minister and Principal Secretary giving permission to the opening of said industries by flouting the order of Supreme Court - Explanation of Minister that he not highly educated depended upon view of..........
Criminal Procedure Code, 1973, Section 386 -- Suspension of sentence - No recovery of weapon of offence at the instance of appellant - Appellant has been in incarceration for a period over of 6-1/2 years - He has no criminal antecedents - Eye witness did not support the prosecution case quathe appellant - No motive of crime attributed to the appellant - Sentence of..........
Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, Section 3(3) -- Parole - Counting of towards actual sentence - Prayer for - Held that the period of parole cannot be counted towards the actual sentence undergone by a prisoner...........
Indian Penal Code, 1860, Section 376, 511 -- Accused put off Chaddi of minor girl and pulled down his trousers and sat upon her - When grandfather of prosecutrix came he fled away - Mother of prosecutrix had seen redness in her private part as also blood coming out therefrom - Statement of prosecutrix corroborated by statement of her mother and grandfather - On medical..........
