Indian Penal Code, 1860, Section 326, 331, 343, 346 -- Offence u/ss 326, 331, 343, 346 IPC - Illegal detention at police Station - Reduction of sentence - Occurrence was of the year 1992 - Accused/police officers after acquittal recorded by trial Court, also attained the age of superannuation - Victim has been given government job and presently working in office of..........
Criminal trial -- Accused lodged in jail - Dialogue in between accused lodged in jail and Advocate appointed by Supreme Court Legal Services Committee - All Legal Services Authorities/Committees in every State to extend the facility of video conferencing between Counsel on one hand and accused or anybody in the know of mater on the other, so that cause of justice is well..........
Service -- Fast Track Courts - Additional District Judges - Appointment on ad hoc basis - Compensation/compensatory pension - Appellants worked for 10 years and were discontinued due to discontinuation of posts which were held by them - Discontinuation of Fast Track Court cannot be treated as permanent abolition of post - Equity and justice demands that appellants should..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - Incident occurred in broad day light and in presence of numerous witnesses - Deceased was chased for quite a distance and she was set on fire after drenching her with petrol - Several eye witnesses have been cited by prosecution and they all reside near to house of accused -..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 95 -- Determination of age - Ossification test is not conclusive of age determination...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 95 -- Determination of age of victim - Rape case - Bone ossification test - No document of age available on record - Bone ossification test report estimated age as 17 to 19 years - Applying the margin of error of two years on either side, age could be between 15 to 21 years - Even if margin of error..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B), 29 -- Recovery of 15 kg 600 gms Ganja - Sentence - Accused had not yet accepted consignment of narcotics and in nick of time they could have changed their mind of executing the crime by accepting consignment - Before they could do so, they were intercepted - Even otherwise, accused were not..........
Indian Penal Code, 1860, Section 332 -- Offence u/s 332 IPC - Reduction of sentence - Both the accused suffered imprisonment for 1 month - Accused are very poor and one of accused is seriously ill - Substantial justice would be met if period of sentence already suffered is set off by increasing fine amount - Accused thus, have to pay fine of Rs.8000 each instead of Rs.5000..........
Indian Penal Code, 1860, Section 279, 304A, 337, 338 -- Reduction of sentence - Offence u/ss 304-A, 279, 337, 338 IPC - Petitioner is a first time offender and there is no other case pending against him - Petitioner has been facing agony of criminal proceedings since 2010 - Taking into account protracted trial, antecedents of petitioner coupled with the fact that he has..........
Contempt of Courts Act, 1971, Section 12 -- Criminal contempt - Non-compliance of principles of natural justice - Punishment imposed solely on the basis of reference made by District Judge and affidavit in response - High Court ought to have conducted an inquiry - Having not been done so, principles of natural justice not been complied with fully - Since, appellant had..........
