Indian Penal Code, 1860, Section 363, 366 -- Kidnapping - Conviction - Parties subsequently compromised - Complainant married to another person and they are living happily and they have no complaint against accused - Sentence of accused thus, modified to the period already undergone by him - However, accused shall pay a fine of Rs.2 lakhs...........
Indian Penal Code, 1860, Section 376 -- Rape of 8 years old girl - Quantum of sentence - Accused is a married man having small children - He has no criminal history - Accused thus, sentenced to 15 years imprisonment with fine of Rs.20,000 and in case of default in payment of fine additional sentence of 3 months will be served by accused...........
Indian Penal Code, 1860, Section 324, 34 -- Offence u/s 324, 34 IPC - Incident took place in 1981 over a petty dispute between children - Accused were 35 and 38 years old respectively at that time and now they have turned around 70 years old - It would not be proper to send them to jail at the age of around 70 years for a petty dispute - Sentence of accused reduced to..........
Indian Penal Code, 1860, Section 332 -- Offence u/s 332 IPC - Reduction of sentence - Both the accused suffered imprisonment for 1 month - Accused are very poor and one of accused is seriously ill - Substantial justice would be met if period of sentence already suffered is set off by increasing fine amount - Accused thus, have to pay fine of Rs.8000 each instead of Rs.5000..........
Indian Penal Code, 1860, Section 279, 304A, 337, 338 -- Reduction of sentence - Offence u/ss 304-A, 279, 337, 338 IPC - Petitioner is a first time offender and there is no other case pending against him - Petitioner has been facing agony of criminal proceedings since 2010 - Taking into account protracted trial, antecedents of petitioner coupled with the fact that he has..........
Indian Penal Code, 1860, Section 325, 323 -- Offence u/ss 325, 323 IPC - Quantum of sentence - Victim sustained grievous injury on a vital portion of body i.e the head, which was fractured - Doctor opined that injury was life threatening - High Court was too lenient in imposing sentence of six days only which was period already undergone by accused in confinement - Since..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 12 kg of poppy husk - Reduction of sentence - Non-commercial quantity - FIR pertains to the year 2002 - Accused is facing litigation since then and has never misused the concession of bail granted to him during trial as well as during pendency of appeal as it is apparent from custody..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Conviction - Suspension of sentence during pendency of appeal - Imposition of condition of depositing Rs.8 lakhs by Appellate Court while suspending sentence of accused is not unreasonable, as total fine of Rs.39,50,000 is imposed on accused by trial Court...........
Criminal Procedure Code, 1973, Section 30 -- Imprisonment in default of payment of fine and sentence - Difference - Term of imprisonment in default of payment of fine is not a sentence and stands on different footing than sentence - It is a penalty which a person incurs on account of no, payment of fine - Accused can always avoid to undergo imprisonment in default of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 8, 19, Criminal Procedure Code, 1973, Section 30 -- Contraband - Conviction - Non-payment of fine - Default sentence - Accused sentenced to 10 years R.I. with fine of Rs.1 lac in default of which to further undergo S.I for 2 years - Accused is very poor person and only earning member of family and he cannot..........
