Indian Penal Code, 1860, Section 376A -- Death or resulting in persistent vegetative state of victim - Death penalty may awarded even murder not proved - Even though murder may not have been proved, sentence of death can still be imposed if the impugned act falls under S.376A IPC - Bare perusal of this provision itself shows that sentence of death has been mentioned in the..........
Indian Penal Code, 1860, Section 302 -- Murder - Mitigating circumstances - Death sentence - In the exercise of its discretion court shall take into account the following circumstances: (1) That the offence was committed under the influence of extreme mental or emotional disturbance. (2) The age of the accused. If the accused is young or old, he shall not be sentenced to..........
Indian Penal Code, 1860, Section 304(Part II), 148, 149, Explosives Act, 1884, Section 9B(2) -- Offence u/ss 304(Part II), 148, 149 IPC and S.9-B(2) of Explosives Act - Offence were committed about four decades back - Accused at present are of advanced age - Sentence of accused u/s 304(Part II) IPC modified to R.I of 5 years with enhancement of fine of Rs.50,000 in respect..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Prosecution failed to prove role of accused in causing death of deceased - Entire prosecution case based upon telephone call made by accused `S', but no call details produced to verify correctness of telephone call - Motive of crime not proved - In absence of any evidence led by prosecution as to who fired fatal shot,..........
Indian Penal Code, 1860, Section 376 -- Rape - Modification of sentence - Maximum sentence of life imprisonment imposed upon accused - Accused did not appear to have criminal antecedents - Balancing aggravating and mitigating facts, life imprisonment held, modified to R.I of 7 years with fine of Rs.10,000 in default to suffer R.I for 6 months more...........
Protection of Children from Sexual Offences Act, 2012, Section 4 -- Rape - Reduction of sentence - Incident occurred in 2017 - Age of accused was 20 years on date of his examination u/s 313 Cr.P.C - There is no conviction of accused in any offence earlier - Sentence of 10 years of R.I. appears to be on higher side and thus, reduced to 7 years R.I - However, sentence of..........
Indian Penal Code, 1860, Section 302, 201 -- Murder of wife by husband - Death of deceased was due to head injuries sustained by her - Dead body of deceased recovered from tea estate near to house of accused, where both accused and deceased used to work - Recovery of dead body of deceased was not on any confessional statement of accused but purely on suspicion -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Reduction of sentence - Accused is old age person - Jail sentence of accused reduced from 6 months R.I to 3 months R.I with fine of Rs.3.90 lacs to complainant u/s 357(3) Cr.P.C...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 29 -- Recovery of 200 gms heroin - Reduction of sentence - Accused are foreign nationals - They have undergone 1 year 8 months and 23 days of substantive sentence - Sentence awarded to both the accused is reduced to period already undergone by them and till their deportation, they will not be released from..........
Indian Penal Code, 1860, Section 307, 504 -- Attempt to murder - Reduction of sentence - Substantive sentence already undergone by accused - Accused is a young person and only bread earner in the family - He is in jail since 2018 - Sentence of accused thus, reduced to period already undergone by him - However, amount of fine is enhanced from 4000 to 10,000...........
