Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Contraband - Reduction of sentence - Accused belongs to poor strata of society and is the sole breadwinner of his family having aged mother, wife and two growing up children - He has faced the protracted trial for last 9 years neither committed any offence nor misused the concession of bail - Recovery..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), 23(c), Criminal Procedure Code, 1973, Section 389 -- Contraband - Conviction - Suspension of sentence during pendency of appeal - Issue of improper sampling would have to be considered at the time of adjudication of appeal - However, since the accused has also undergone a substantial period of sentence..........
Civil Procedure Code, 1908, Section 151, Order 12, Rule 6 -- Judgment on admission - Recovery suit - Defendant has not admitted any liability towards plaintiff's claim in his written statement - In fact endeavour of defendant in his written statement is that he has to recover the amount from plaintiffs - One stray sentence from written statement cannot be taken out of..........
Indian Penal Code, 1860, Section 376A, 302, 404 -- Rape and murder - Modification of sentence - Accused is 38 years old, having undergone 8 years of imprisonment and he has two minor children and a wife to look after and there is no other person in the family to look after three of them - However, considering diabolic and depraved manner in which accused took victim to a..........
Indian Penal Code, 1860, Section 307, 323 -- Attempt to murder - Sentence - Incident took place in the year 2006 and witnesses who are rustic villagers were examined nearly about 12 to 13 years after the occurrence - Taking into consideration the long lapse of time to dispose the case both at the trial stage as well as appellate stage, substantive sentences ordered to run..........
Criminal Procedure Code, 1973, Section 397 -- Acquittal - State filed appeal and accused was convicted and benefit of probation was granted - Complainant never challenged the order of acquittal - Revision petition by complainant for inadequate sentence is neither legal not proper - Revision petition dismissed...........
Criminal Procedure Code, 1973, Section 427 -- Concurrent running of sentences - Accused convicted in nine cases - Conviction in all cases against accused was recorded within a span of one year and he has already undergone sentence for about 38 years - If sentences treated consecutively then, total period of incarceration would be 40 years sentence - Sentences awarded to..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Power u/s 319 Cr.P.C can be invoked and exercised before pronouncement of order of sentence...........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Violation of order of Supreme Court - Contemnor failed to bring his child back to India as per orders of Supreme Court - Acts and omissions of contemnor amounts to both civil and criminal contempt - Contemnor directed to pay fine of Rs.25 lakhs and to undergo S.I. for a period of six months and in default of..........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Direction issued to Government of India as well as CBI to take all possible and permissible steps to secure presence of contemnor in India with a view to ensure that he undergoes sentence and pays fine...........
