Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise - Complainant is permitted to withdraw complaint and matter is compounded and complaint arising out of dishonour of cheque u/s 138 of the Act is treated to be withdrawn and judgments of conviction and sentence passed by Courts below are quashed and set aside - Accused acquitted of..........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 429, 435 -- Probation - Offence u/ss 429, 435 IPC - Accused not undergone any part of his substantive sentence, yet he faced agony of a protracted trial for past 18 years - He was not a previous convict as per his custody certificate nor he is involved in any other criminal case - No useful..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B) -- Recovery of 10.600 Kg Ganja - Reduction of sentence - Sentence imposed by trial Court is R.I for 10 years with fine of Rs.1 lakh each - Accused had already undergone sentence of 4 years - Considering age of accused and they had no bad antecedents, sentence of accused reduced to period already..........
Indian Penal Code, 1860, Section 279, 304A -- Reduction of sentence - Offence u/ss 279, 304-A IPC - Petitioner is sole bread earner of the family and he has two minor sons out of which one is physically challenged, therefore, petitioner is deep down in responsibilities of family life - Moreover, petitioner has undergone substantial part of sentence and it would not be..........
Narcotic Drugs and Psychotropic Substances Act, 1985 -- Recovery of 976 grams heroine filled in 95 capsules - Reduction of default sentence - Substantive sentence awarded to accused is maintained - Trial Court imposed fine of Rs.1 lakh for each offence with default sentence 6 months R.I to each of accused - Default sentence modified to 1 month R.I in respect of each..........
Indian Penal Code, 1860, Section 304A -- Rash and negligent driving - Fatal accident - Reduction of sentence - PWs stated that on the date of incident deceased was hit by accused while driving vehicle in rash and negligent manner, which resulted in her death four days thereafter while taking treatment in hospital - No evidence adduced by defence showing accident to be..........
Criminal Procedure Code, 1973, Section 360, Indian Penal Code, 1860, Section 325, 34 -- Benefit of probation - Offence u/ss 325, 34 IPC - Offence u/s 325 IPC is punishable for a term which may extend to seven years - Sentence imposed upon accused is of 1 year - Finding of High Court that S.360 Cr.P.C shall not have any application is misreading of bare provisions of Cr.P.C..........
Negotiable Instruments Act, 1881, Section 143A -- Interim compensation - Trial Court by S.143-A of the Act has permitted to inflict a liability upon accused, as an interim measure, although as a final order, it cannot pass order of award of compensation as part of sentence - Hence, essentially provision enhances scope and degree of punishment to be awarded to a accused by..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(b) - - Conviction u/s 22(b) NDPS Act - Accused convicted and sentenced way back in April, 2017 and since then no appeal has been preferred due to financial constraints and same has been filed only in December, 2018 through legal aid counsel appointed by High Court Legal Services Authority - As accused has..........
Indian Penal Code, 1860, Section 376(2), Protection of Children from Sexual Offences Act, 2012, Section 6 -- Rape of girl by her real uncle (Chacha) - Quantum of sentence - Prosecutrix was minor on the date of occurrence - She was subjected to sexual inter course thrice but she did not opt for apprizing her mother or anyone else in the family including her grandmother..........
