Criminal Procedure Code, 1973, Section 357, Indian Penal Code, 1860, Section 363, 376 -- Kidnapping and rape - Sentence - Main accused 18 years of age at time of incident - Both accused and prosecutrix were in close relationship - Held, leniency in such matters not just and proper - Custodial incarceration of at least three years would be appropriate - Considering the fact..........
Indian Penal Code, 1860, Section 304(Part I), Criminal Procedure Code, 1973, Section 357 -- Culpable homicide not amounting to murder - Compensation - Accused persons driven by grave and sudden provocation - They had no intention or motive to kill deceased or injure witnesses - Held, accused persons directed to pay compensation to legal heirs of deceased - Order..........
Criminal Procedure Code, 1973, Section 357 -- Compensation to victim of offence - Duty of Court - Held, S.357 Cr.P.C. confers a duty on Court to apply its mind to question of compensation in every criminal case - It necessarily follows that Court must disclose that it has applied its mind to this question in every criminal case - Application of mind to question is best..........
Criminal Procedure Code, 1973, Section 357 -- Gang rape - Compensation - Prosecution succeeded to establish gang rape - Held, State Government directed to consider for providing compensation to victim of gang rape in terms of S.357 CrPC - Compensation not quantified by Court with expectation that a reasonable compensation would be determined by State Government on humane..........
Criminal Procedure Code, 1973, Section 374, 382, 384, 357 -- Appeal - Conviction not assailed by appellant - Duty of Court - Held, it is the obligation on Court to decide appeal on merits and not to accept concession and not to proceed to deal with sentence - Concept of plea bargaining not recognized in India - Convict preferring appeal has legitimate expectation to be..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(1) -- Dishonour of cheque - Sentence of fine - Imposition of - Power of Courts - Held, Courts are empowered to impose sentence of fine and if sentence of fine is imposed, then part of whole amount of fine may be awarded as compensation to complainant in accordance with S.357(1) of the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(1), 357(3) -- Dishonour of cheque - Imposition of sentence - Award of compensation - Power of Court - Held, Courts are competent to impose fine and also empowered to award compensation as a part or whole of amount of fine u/s.357(1) of the Code to victim or person who has suffered any..........
Criminal Procedure Code, 1973, Section 421, 431, 357(3) -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357 -- Dishonour of cheque - Conviction - Modification of sentence - Amount involved in cheque in question is Rs.2 lakhs - Trial Court convicted and sentenced accused to one year SI and to pay fine of Rs.3000/- - Revision - Held, sentence modified to six months SI and to pay compensation..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357, 421, Indian Penal Code, 1860, Section 64 -- Dishonour of cheque - Sentence in default of payment of compensation - Held, Court can impose sentence in default of payment of compensation - Plea that only recourse can be had to S.421 of the Code for enforcing the order of compensation..........
