Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 406 -- Non-framing of charge u/s 406 IPC - Offence u/s 406 IPC not the offence of same genus as Ss.420, 468 & 471 IPC or a lesser offence - Unless a specific charge is framed u/s 406 IPC, trial Court erred in convicting accused - Conviction and sentence u/s 406 IPC set aside...........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 302, 394, 323, 34 -- Suspension of sentence during pendency of appeal - Murder - Accused has already suffered incarceration of more than 20 years - Even, jail authorities after considering conduct of accused have recommended premature release/remission of sentence - Issue is now pending before..........
Indian Penal Code, 1860, Section 279, 337, 338 -- Accident - Rash and negligent driving - Reduction of sentence - Accused has undergone total sentence of 5 months and 12 days - He is first time offender and he is only bread earner of family - Accused has faced agony of trial for a considerable long period - Moreover, it is a case of injury sustained in the accident -..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - High Court declined prayer and observation given that accused shall not approach Court "before a minimum period of three years from the date of conviction" - Held, seeking relief of suspension of execution of sentence and to be released on bail is statutory right of accused -..........
Indian Penal Code, 1860, Section 376, 511 -- Attempt to rape - All the PWs except father of victim did not support prosecution case - Not a single witness corroborated the evidence of victim in their depositions - Father of victim was not present near the place of occurrence and he heard the incident from victim - Evidence of father of victim being in the nature of hearsay..........
Indian Penal Code, 1860, Section 376, 376A, 376AB, 377, 302, 201, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Rape and murder - Death sentence - Forensic report in respect of DNA match between incriminating articles recovered from scene of crime as well as at the instance of accused and blood sample of accused, not put to accused u/s 313 Cr.P.C..........
Indian Penal Code, 1860, Section 465, 468, 471 -- Offence u/ss 465, 468, 471 IPC - Allegation that accused furnished bogus appointment order to 26 persons - However, prosecution has not proved manner of forging or authorship of those bogus employment orders - Unless it is alleged by prosecution that accused is maker of document and has let in positive evidence regarding..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(1)(s), Indian Penal Code, 1860, Section 323 -- Offence u/ss 3(1)(r), 3(1)(s) of SC/ST Act and S.323 IPC - Allegation that accused caught hold of complainant and pulled her by holding her hair and also caused injury on cheeks of complainant - Complainant was taken to hospital and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15(c), Criminal Procedure Code, 1973, Section 389 -- Recovery of 465 kg poppy husk - Suspension of sentence during pendency of appeal against conviction - Accused has undergone approximately 9 years of his substantive sentence of 12 years - He was also convicted in other FIRs - However, appeal in present case is..........
Indian Penal Code, 1860, Section 323, 325, 149, 148 -- Offence u/ss 323, 325, 149, 148 IPC - Reduction of sentence - On parity basis - All the accused collectively caused injuries to PW1 to PW5 in furtherance of their common object - High Court has let off other five accused on sentence which already undergone to them - However, no reason given by High Court as to why same..........
