Indian Contract Act, 1872, Section 14 -- Sale deed by insane person - Non-free consent - Maternal uncles of plaintiff executed sale deed of his property on the pretext of providing medical checkup - Plaintiff was never handed over sale consideration - Said sale deed is an act of no, free mind, no, consent under the influence of fraud and misrepresentation - Sale deed held,..........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - Reduction of sentence by High Court - Justifiability - Merely because incident happened in the spur of moment is not a factor in awarding just a symbolic punishment, as it is the basic reason for accused having been convicted u/s 304(Part II) IPC though he was charged u/s 302 IPC...........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - Reduction of sentence by High Court - Justifiability - Accused killed his own father - Trial Court while awarding punishment of 3 years R.I itself been leaning towards leniency, in view of fact that accused was 26 years of age at the time of incident - High Court further proceeded to reduce the..........
Indian Penal Code, 1860, Section 279, 304A, 337 -- Rash and negligent driving - Accident - Injured witnesses uniformly stated that accident occurred due to rash and negligent driving of offending vehicle driven by accused resulting in death of four persons apart from injuries to three - Identity of accused being driver of offending vehicle proved by overwhelming evidence..........
Indian Penal Code, 1860, Section 279, 304A, 337 -- Rash and negligent driving - Fatal accident - Reduction of sentence - Rash and negligent driving by accused proved on record which resulted in death of four persons apart from injuries to three - Yet trial Court awarded sentence only of 4 months imprisonment on each count of offence u/s 304-A IPC and only fine of Rs.100..........
Indian Penal Code, 1860, Section 302, 506, Arms Act, 1959, Section 25, 27 -- Murder - Death sentence - High Court while affirming conviction and sentence as awarded by trial Court, not dealt with issue as to whether conviction recorded by trial Court was justified or not - High Court was sitting as a Court of first appeal, therefore required to revisit entire evidence and..........
Indian Penal Code, 1860, Section 364, 302, 34 -- Kidnapping and murder - Death sentence - Accused was 22 years old at the time of commission of crime - He spent 18 years in jail and his conduct is good - Accused tried to join the society and also completed his graduation from jail - More so, from the poems written by accused in jail, it appears that he has realized his..........
Protection of Children from Sexual Offences Act, 2012, Section 4, Indian Penal Code, 1860, Section 457 -- Sexual assault - Victim was proved to be minor on the date of incident - There is thus, no question of consent - Victim clearly stated about incident and specifically stated that she was raped by accused and evidence is corroborated by medical reports because six..........
Protection of Children from Sexual Offences Act, 2012, Section 4, Indian Penal Code, 1860, Section 457 -- Sexual assault - Reduction of sentence - Accused spent 5 years and 2 months in jail and he is aged 31 years now - Victim is also in living relationship with another man - Accused belongs to rural family, his social and economic status is very poor - Sentence of accused..........
Indian Penal Code, 1860, Section 376(2)(n), 420, 450 -- Rape - False promise of marriage - Framing of charge - Case set up by prosecutrix that accused induced her under a false promise of marriage and thereafter fraudulently established physical relations with her, is not without any basis - After pursuing challan appears and statement of prosecutrix, Court committed no..........
