Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Accused is first offender - He remained in custody for period of about 1 year and 5 months - Keeping in view the nature of offence and other circumstance of case particularly when young lady died and in order to meet ends of justice, sentence awarded to accused cannot be reduced to period already undergone by..........
Indian Penal Code, 1860, Section 468, 471, 420 -- Forging of Matriculation certificate for cheating - Said matriculation certificate declared valid by civil Court and this finding attained finality - Accused rightly acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 13 kg charas - Reduction of sentence - Incident occurred in 2001 - Accused who claimed to be priest in temple is aged about 65 years - Sentence awarded to accused reduced from 15 years R.I to 10 years...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 506 -- Bail - Rape of married woman - Accused was a tenant of prosecutrix's family and was living on first floor in same residence - He was well aware of prosecutrix and her family - Offences are stated to have been committed continuously over a period of one year and three months - Question..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 120B -- Bail - Claim of bail on parity with co-accused - Murder - Co-accused was granted bail for different reasons which are not applicable in case of accused - Moreover, co-accused is a woman and not involved in any other case prior to present case - Petitioner on the other hand is involved..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B) -- Recovery of 20 kg ganja - Search and seizure - Samples were seized and sealed sent to FSL established and proved - Merely because there is some clerical error in numbering of sample in memorandum of Superintendent of police, would not make prosecution case doubtful - Provisions of Ss.42, 55 of..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Reduction of sentence - Deceased committed suicide after 12-13 years of her marriage - There is no allegation that accused used to harass deceased for any demand like dowry or any property - No independent witness has made any allegation against accused - Even son of deceased has also not supported prosecution case and..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 354D, 506, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 11, 12 -- Bail - Rape of minor girl - Accused was a matured married man aged 34 years having two children - Victim specifically narrated three incidents where she was subjected to sexual harassment by accused and..........
Indian Penal Code, 1860, Section 302 -- Murder - Whenever death occurs on account of a single blow, it cannot be laid down as a rule of universal application that S.302 IPC is ruled out...........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Scuffle in a beer party - In that scuffle accused took out the knife and stabbed deceased from behind - As per Exception IV to S.300 IPC, culpable homicide is not murder if it is committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel and without the offender..........
