Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Friendly loan - Accused has not set up any case that complainant did not have financial capacity to advance loan - There is even no reference in the reply notice as to loss of cheque book or signed cheque leaf as contended by accused - No complaint was given of loss of cheque book or signed cheque leaf..........
Indian Penal Code, 1860, Section 302, 394, 411, 120B, 34 -- Murder - Testimony of sole eye witness - Time mentioned in the FIR and stated by PW1 has a remarkable difference and it is a major contradiction in the statement of alleged eye witness - Motive of crime has neither been alleged nor proved - Evidence of PW1 does not have a ring of truth - Source of light though..........
Criminal Procedure Code, 1973, Section 389 -- Stay of conviction - Offence u/s 498-A IPC - Accused is offering reasonable compensation to his wife although valid divorce has taken place between them - Sentence awarded is of 1 year's S.I u/s 498-A IPC - Offence is of private nature and offence does not attract colour of moral turpitude nor has any bearing upon his..........
Indian Penal Code, 1860, Section 324 -- Offence u/s 324 IPC - Sentence - Accused was in judicial custody for a period of more than 9 months - Considering the facts and circumstances of case, evidence on record and relationship of accused with PW4 and PW5 and under circumstances in which hurt is caused, period of judicial custody already undergone by accused during period..........
Criminal Procedure Code, 1973, Section 372 -- Appeal - Inadequacy of sentence - Appeal thereagainst - Not maintainable...........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Compromise - S.320 Cr.P.C would not come in the way in recording compromise or in compounding the offence punishable u/s 138 of N.I. Act, as provisions of S.147 of N.I Act though start with a non-obstante clause but have overriding effect on provision..........
Indian Penal Code, 1860, Section 302, 53 -- Murder - Sentence - Life imprisonment for remainder of life - Sentence modified with the sentence for imprisonment for life...........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25, 27 -- Murder - Appeal against conviction - Dismissal of appeal - Accused after having served sentence of imprisonment for a period of 15 years 9 months and 27 days, was released u/s 432 Cr.P.C by Government - Dismissal of appeal shall not have any adverse effect on such exercise of power of remission by..........
Protection of Children from Sexual Offences Act, 2012, Section 4, Indian Penal Code, 1860, Section 376 -- Penetrative sexual assault - Reduction of sentence - Considering the young age of accused and his future prospects in his profession as a Disk Jocky as well as fact of his willingness to provide adequate compensation to Child, no fruitful purpose would be served in..........
Indian Penal Code, 1860, Section 376, 452 -- Rape - Quantum of sentence - Incident occurred prior to amendment in S.376 IPC and pre amended provision provides that a person committed of rape shall be punished with R.I for a term which shall not be less than 7 years but which may extend to imprisonment for life and shall also be liable to fine - Accused has no criminal..........
