Indian Penal Code, 1860, Section 376, 302 -- Rape and murder - Death penalty - Mitigating factor - Post conviction severe mental illness is a mitigating factor that appellate Court in appropriate cases, needs to consider while sentencing an accused to death penalty...........
Indian Penal Code, 1860, Section 53 -- Punishment - Award of sentence - Mitigating factor - Post conviction severe mental illness - Directions issued that: (i) assessment of such disability should be conducted by a multidisciplinary team of qualified professional (Experienced medical practitioners, criminologists etc.), including professional with expertise in accused's..........
Indian Penal Code, 1860, Section 363, 376, 302, 201, 84 -- Kidnapping, rape and murder of two minor girls - Death sentence - Mitigating factor - Post conviction severe mental illness - Accused after committing rape and murder of victims threw body of victim No.2 into well and concealed body of victim No.1 - He has been reeling under bouts of some form of mental..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 153A, 295 -- Anticipatory bail - Offence u/ss 153-A, 295 IPC - Burning effigy of Bhavishan Ji - As per petitioner, he had no intention to hurt anybody's religious feelings and that Bhavishan Ji is also seen as a symbol of treachery and has been rather immortalized in hindi phrase `ghar ka bhedi..........
Indian Penal Code, 1860, Section 302 -- Murder of daughter by father - Hostile witness - Mother of deceased/PW21 stated in her supplementary statement that her husband murdered her daughter by throwing her from the roof in naked condition - Deceased was not raped by anyone - There was no occasion for PW21 to falsely implicated her husband/accused, though she was declared..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 387, 420, 506, 34 -- Bail - Rape - Admittedly, complainant is a grown up mature lady and had volunteered into this relationship over a long period of time - Culpability, if any, shall be determined at the trial which is not likely to conclude in the near future - Petitioner is behind bars..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Offence u/ss 376, 342, 406 IPC and S.3 of SC & ST Act - Allegations and counter allegations is a debatable issue arising over the fact whether prosecution has been set up as counter blast to proceedings initiated u/s 138 NI Act which could only be adjudicated at the time of final hearing of case before the..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 323, 354B, 376D, 506, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 22, 29 -- Bail - Offence u/ss 323, 354-B, 376-D, 506 IPC and Ss.21, 22, 29 NDPS Act - Allegations contained in FIR neither spell out the name of the petitioner nor any role has been attributed to him in the..........
Indian Penal Code, 1860, Section 302 -- Murder - Testimony of husband of deceased about deceased receiving injuries on her body with Churra (weapon of offence) outside jhuggi stands corroborated by post mortem report, doctor's subsequent opinion and FSL report - No contradictions in testimonies of husband and father of deceased - Husband of deceased is thus, a natural..........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - Reduction of sentence - Incident occurred in a heat of quarrel without any intention - Accused is in jail for the last more than 5 years - Sentence of accused thus, reduced from 10 years R.I to 6 years imprisonment - However, no interference warranted in fine of Rs.10,000 and in default..........
