Indian Penal Code, 1860, Section 324, Probation of Offenders Act, 1958, Section 4(1) -- Conviction u/s 324 IPC - Accused sentenced to 2 years RI - Protracted trial for more than 14 years - Accused released on probation subject to payment of compensation of Rs.10, 000/- to the complainant...........
Indian Penal Code, 1860, Section 325, 324, 323, Probation of Offenders Act, 1958, Section 3, 4 -- Occurrence relates to the year 1994 - No useful purpose would be served by sending them in custody after such a long period - They have faced a protracted trial of 14 years - Accused released on probation...........
Indian Penal Code, 1860, Section 376, 324, 452 -- Rape - Sentence - High Court reduced sentence from 5 years to period already undergone i.e. 5 months 25 days without indicting any reason - Undue sympathy to impose inadequate sentence would do more harm to the justice system to undermine the public confidence in the efficacy of law - Sentence awarded by trial Court..........
Indian Penal Code, 1860, Section 324, 34 -- Assault - Causing hurt by axe and sticks - Testimony of injured witnesses - Reliability of - Testimonies of injured witnesses PWs 2, 4 and 5 inspires confidence despite the fact that they are interested witnesses - Held, Additional Sessions Judge has rightly relied upon testimonies of interested witnesses as testimonies of these..........
Indian Penal Code, 1860, Section 323, 324 -- Conviction of appellant No.1 u/s 324 and conviction of appellant Nos.2 & 3 u/s 323 IPC - Considering facts and circumstances of the case sentence of appellant No.1 reduced from 3 years RI to 1-1/2 years RI and sentence of appellant No.2 to period already undergone (almost 7 months)...........
Indian Penal Code, 1860, Section 324, 307, 34 -- Offence u/s 324 and 307 read with S.34 IPC - Graphic detail of incident given by injured witnesses 1 to 5 - Witnesses had no animosity against the appellants - Their testimony corroborated by medical evidence - Negligible variation as to time of occurrence - Delay in lodging FIR explained - FIR in consonance with fardbeyan -..........
Indian Penal Code, 1860, Section Ss.376, 324, 34, 342 -- Conviction - Appeal against - High Court by a practically non reasoned order dismissed appeal - Manner in which appeal dealt with not a correct way to deal with appeal - High Court did not made an attempt to appreciate rival stand and to analyse evidence in its proper perspective - Impugned order of High Court set..........
Indian Penal Code, 1860, Section 324 -- Voluntarily causing hurt - Injuries on the persons of accused - Non-explanation - Effect of - Held, ordinarily no, explanation of injuries on the person of accused itself would not be sufficient to discard whole prosecution case as well as eye witnesses' account - But in instant case having regard to the number and nature of..........
Indian Penal Code, 1860, Section 324, 302, 34 -- Non explanation of injuries on the person of accused - Prosecution case is not affected when injuries are minor and superficial or when evidence is so clear and cogent, so consistent and creditworthy that it outweighs the effect of omission on the part of prosecution to explain the injuries - Held, that prosecution is not..........
Indian Penal Code, 1860, Section 302, 149, 148, 448, 324 -- Conviction - In an appeal filed by some of accused conviction altered to one u/s 304 Part I read with S.149 - Facts of that appeal are applicable to the present appeal filed by another accused - Accordingly conviction altered to one u/s 304 Part I read with S.149 IPC as was done in the other appeal...........
