Indian Penal Code, 1860, Section 409 -- Reduction in sentence - Criminal breach of trust - Misappropriation of money - Appeal against conviction - Accused convicted and sentenced for R.I. 1 year and to pay fine of Rs.2000/- and in default to suffer R.I. for 6 months - Incident occurred three decades ago and accused has no previous criminal antecedent - Even, accused..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Default bail - Extension of time for investigation - Counsel representing accused was present when application for extension of time was filed - Contents of application were brought to the notice of counsel and he did not raise any objection for such..........
Protection of Children from Sexual Offences Act, 2002, Section 8 -- Sexual assault on deaf and dumb girl aged 12 years - Quantum of sentence - Punishment prescribed u/s 8 of the Act is not less than 3 years which may extend to 5 years - Conduct of accused in sexually assaulting a deaf and dumb girl who was not in a position to protect herself fully warrants maximum..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), 32B -- Recovery of 5 kg heroin - Reduction of sentence - Recovery effected from conscious possession of accused without any permit or sanction to carry it - Purity of said heroin ranges from 78.23% to 80.44% - Recovery of sim cards of a neighbouring country points to a possibility wider network at play..........
Indian Penal Code, 1860, Section 376, 377 -- Rape of 11 years old girl - Unnatural offence - Quantum of punishment - Accused was hardly 31 years of age at the time of incident - He has been in jail since his arrest - It is not reported that accused had an bad antecedents and after the occurrence also, he repeated any such crime - There are lot of chances for reformation -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Reduction of sentence - Accused convicted and sentenced to undergo R.I. for period of 1 year and to pay fine of Rs.2000/- and in default of payment of fine, to further undergo R.I. for period of 10 days in each complaint - As per evidence on record, accused is poor person of 60 years of age and only..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20 -- Recovery of 62.100 kg charas - Quantum of sentence - None of the factors as spelt out in S.32-B of NDPS Act, exist which could have prompted the trial Court to award higher than minimum punishment prescribed under the Act - Sentence therefore, modified from 12 year R.I to 10 years R.I and fine of Rs.1..........
Indian Penal Code, 1860, Section 304A, 279, 337, 338, Probation of Offenders Act, 1958, Section 4 -- Rash and negligent driving - Fatal accident - Benefit of probation - Where there is overwhelming evidence to suggest that vehicle was driven by accused in most rash and negligent manner, no leniency can be shown to accused - Benefit of probation not granted to accused -..........
Constitution of India, 1950, Article 226, Delhi Co-operative Societies Act, 1972, Section 33, 38, 30, 85 -- Recovery proceedings - Seeking recovery of amount and attachment of property of members of co-operative society - Neither General Body nor Managing Committee can burden the liability on member which he had never incurred - In instant case loan was taken by society..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Complaint by wife u/s 12 of Protection of Women from Domestic Violence Act by making serious allegations against husband - Dismissal in default - A party cannot be permitted to walk away by subsequently allowing the proceedings to be dismissed in default, or for want of prosecution - No party can be permitted to..........
