Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compensation - Can be enforced by imposing a sentence in default...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal - Suspension of sentence during pendency of appeal - Condition of depositing compensation amount can be imposed - When amount of compensation is heavy Court can direct deposit of a reasonable amount - In exceptional cases it can be granted without requiring deposit of compensation amount - In the..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Reduction in sentence - Accused convicted and sentenced to 14 years RI - Sentence reduced to 7 years by taking into consideration long illness of one accused in jail during trial and other woman accused who had minor children to look after...........
Indian Penal Code, 1860, Section 376, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(i)(xii), 3(2)(v) -- Rape of 11 years scheduled caste girl in sugarcane field - Prosecutrix raised cry and PW1 reached spot - Accused tried to run away but was caught on spot - Evidence of prosecutrix corroborated by PW1 and medical evidence - Doctor..........
Indian Penal Code, 1860, Section 307, 341, Criminal Procedure Code, 1973, Section 385, 386 -- Reduction in sentence - High Court reduced sentence u/s 307 and 341 IPC from 7 years RI to the period already undergone which is about 5 months - High Court not assigned any satisfactory reason for reducing the sentence - High Court judgment very short and cryptic and exhibits..........
Indian Penal Code, 1860, Section 307, Criminal Procedure Code, 1973, Section 385, 386 -- High Court reduced sentence u/s 307 IPC from 5 years to already undergone which is about 2-1/2 years without assigning satisfactory reasons - Judgment very short and cryptic, exhibiting non application of mind - Judgment of High Court set aside and matter remanded for decision afresh...........
Indian Penal Code, 1860, Section 366, 376 -- Conviction u/s 376 IPC - Accused sentenced to 8 years RI - High Court reduced sentence to already undergone which is nearly 6 years and 2 months - Cannot be said to be inadequate or contrary to law...........
Probation of Offenders Act, 1958, Section 4, Opium Act, 1878, Section 9 -- Opium - Recovery of 10 Kg. - Accused not involved in any other case after his release on bail - Accused a habitual offender and convicted in other such like cases - Since petitioner is not a first convict as such it is not expedient to release him on probation - However, having regard to his age,..........
Prevention of Food Adulteration Act, 1954, Section 16 -- Probation of Offenders Act, 1958, Section 4 - Probation - Grant of - On grounds that the petitioner is an old person of more than 70 years of age; out of total sentence of six months imprisonment, he has already undergone for few days; he is the first offender; he has not mis-used the concession of bail during a long..........
Indian Penal Code, 1860, Section 304 Part I, Criminal Procedure Code, 1973, Section 385, 386 -- Conviction u/s 304 Part I IPC - Accused sentenced to 7 years RI - High Court reduced sentence to already undergone which is about 1 year - High Court not assigned satisfactory reason for reducing the sentence - Judgment very short and cryptic - Impugned order set aside and..........
