Criminal Procedure Code, 1973, Section 366, Indian Penal Code, 1860, Section 302 -- Death sentence - Acid attack - Death - Trial court convicted accused and awarded death sentence - Death sentence set aside as life imprisonment is rule and death sentence is an exception, and death sentence can be imposed only when life imprisonment appears to be altogether inadequate..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Sentence - Prosecutrix and accused, both adolescents having love affair - She left her parent's house voluntarily without any force - Both of them stayed together for around 10 days and nature of sexual intercourse was consensual - Moreover, accused already undergone imprisonment for 2 years 9 months -..........
Indian Penal Code, 1860, Section 120B, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Reduction of sentence - Offence us/ 120-B IPC and Ss.13(1)(d), 13(2) PC Act - Accused sentenced to undergo R.I. for three years and a fine - Accused offered to surrender the plot and forgo refund and on account of conviction, his service and retiral benefits are in..........
Indian Penal Code, 1860, Section 302, 354(i)(iv), Protection of Children from Sexual Offences Act, 2012, Section 11(i) -- Murder - Sexual harassment - Death sentence - Accused committed murder of teenaged girl on her refusal to accept offer of his love and marry him - It does not come in purview of rarest of rare case - Capital punishment held, commuted to life..........
Criminal Procedure Code, 1973, Section 28(3), 407, Indian Penal Code, 1860, Section 313, 326 -- Power of Session Court to pass sentence - As per S.28(3) Cr.P.C. Assistant Session Judge is not empowered to pass sentence of imprisonment for life or for imprisonment for term exceeding 10 years - However, in the instant case, petitioner is charge-sheeted for offence u/ss 313,..........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Disobedience of orders passed by Supreme Court for closure of industrial units in residential areas - Contemnor consciously and deliberately disobeyed the directions issued by Supreme Court despite affidavit filed by him assuring compliance - He was personally aware of the directions of Supreme Court, as he..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Proceedings u/s 138 of N.I.Act are not recovery proceedings and in a given case Criminal Court may only award sentence of imprisonment...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 86 -- Trial of offences against children - Children's Court can try the offences against children or violation of child rights if and only if at least one of offences alleged is punishable with imprisonment for a term exceeding 7 years irrespective of whether the offences alleged are offences under IPC..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 86 -- Trial of offences against children - Direction issued by High Court for compliance by Subordinate Courts : (a) All cases pending before the Children's Court, where the proceedings are not concluded shall be transferred to the Magistrate Court concerned as provided u/s 228(1)(a) Cr.P.C. for trial..........
Criminal Procedure Code, 1973, Section 427(2) -- Concurrent running of default sentence - Default sentence cannot be ordered to be suffered concurrently, as very purpose of awarding sentence in default of payment of fine would be defeated and no accused in that event would pay fine by claiming that imprisonment awarded on account of failure of payment of fine should also..........
