Criminal Procedure Code, 1973, Section 389 -- Sentence - Suspension of - Conviction in rape case - Parties coming to terms out of Court - No possibility of early hearing of appeal - Sentence suspended during pendency of appeal and bail granted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Heroin - Recovery of 114.82 gms. in the year 1997 - Conviction - Accused sentenced to 15 years RI and a fine of Rs.1 lakh - After amendment in the Act in the year 2001 the said quantity is much less than large quantity - Though amendment operates prospectively but it may be considered to rely upon the same..........
Indian Penal Code, 1860, Section 326 -- Grievous injury with iron rod - Conviction u/s 326 IPC - Occurrence 18 years old - Accused had entered the house of victim at night time with preparation and inflicted the injuries - Plea for reduction of sentence rejected...........
Juvenile Justice Act, 1986, Section 2(h) -- Juvenile - Point not raised either before trial Court or High Court - In that eventuality Supreme Court should first consider legality or otherwise of conviction of accused - In case conviction is upheld, a report should be called from trial Court - If from report it is found that accused was juvenile on the date of occurrence..........
Opium Act, 1878, Section 9 -- Opium - Recovery of 3 Kg. - Reduction of sentence - It is more than 20 years when recovery was made - Petitioner remained in custody for about one month as undertrial prisoner - Sentence reduced to period already undergone...........
Indian Penal Code, 1860, Section 411, 412 -- Purchasing stolen property - No evidence that accused had full knowledge that they are purchasing stolen property - Conviction and sentence of 10 years RI u/s 412 set aside - Accused sentenced to 3 years RI u/s 411 IPC...........
Indian Penal Code, 1860, Section 304B -- Dowry death - Punishment - Quantum - Suicide by bride within 3 months of marriage - Demand of scooter which was not given at time of marriage - Harassment - Offence proved - No leniency in sentence of life imprisonment...........
Indian Penal Code, 1860, Section 376 -- Rape - Sentence - Accused aged 30 years - Although prosecution did not lead evidence that he was fit to perform sexual intercourse, still there is nothing to suggest that he was unfit to perform sexual intercourse - No cause for prosecutrix to falsely implicate the accused - Even if delay is there, delay may not be very material in..........
Indian Penal Code, 1860, Section 376, 302, Criminal Procedure Code, 1973, Section 354(3) -- Minor girl - Rape and brutal murder - Case falls in rarest of rare category - Death sentence confirmed...........
Representation of the Peoples Act, 1951, Section 80, 100, Evidence Act, 1872, Section 40, 41, 42, 43 -- Election petition - Previous decision - Effect of - On appreciation of documentary and oral evidence adduced in earlier case High Court came to conclusion that election petitioner had failed to prove that present appellant did not belong to a Scheduled Tribe - At the end..........
