Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 368, 369 -- Death sentence - Can be commuted to life imprisonment when there is delay in execution of death sentence - Period of delay starts when final pronouncement of Court awarding death sentence is made and that being delay in disposal of mercy petition or delay occurring at the instance of..........
Indian Penal Code, 1860, Section 302, 377, 20, Criminal Procedure Code, 1973, Section 366, 368 -- Death sentence - Conviction u/ss 302, 377 and 201 - Accused sentenced to death - Sodomy - Accused a serial killer - Accused committed three murders on different occasions to fulfill his sexual desire - Case against accused proved beyond doubt - Conviction of accused maintained..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 368 -- Bail - Offence u/ss 363, 366, 368 IPC - Accused in custody for the last 14 months - Conclusion of trial likely to take some more time - Bail allowed...........
Criminal Procedure Code, 1973, Section 366, 368, Indian Penal Code, 1860, Section 302 -- Enhancement of Sentence - High Court converting life imprisonment into death sentence - No appeal by State to enhance sentence - Order of High Court enhancing sentence set aside...........
Indian Penal Code, 1860, Section 363, 368 -- Reduction of sentence - Kidnapping of a minor girl from her school - Victim as per her own statement was looked after well at house of brother of accused where she was taken accused - No sexual harassment or assault on her - Further, accused made girl to write a letter to her father demanding money - Moreover, accused was 19..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 366, 368, 376, 120B, 148, 149 -- Abduction and rape case - Evidence showing that prosecutrix was roaming about with one of accused earlier to abduction - Prosecutrix aged 23/24 years - Two accused already granted bail - Bail allowed...........
Criminal Procedure Code, 1973, Section 366, 368, 386 -- Death sentence - Duty of High Court - Proceeding before High Court require re-appraisal and reassessment of entire facts - Duty of High Court is more onerous to consider independently the matter carefully and examine all relevant material evidence...........
Indian Penal Code, 1860, Section 368, 376, 109 -- Age - Conflicting evidence with regard to the age of the prosecutrix - The advantage will always go to the accused...........
