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SUPREME COURT OF INDIA

Year of decision: 2018
Details

Constitution of India, 1950, Article 136 -- Special Leave Petition (SLP) - Death sentence - Where SLP filed in cases in which death sentence is awarded by Courts below, it should not be dismissed without giving reasons at least qua death sentence...........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Indian Penal Code, 1860, Section 376(2)(f), 302, 342 -- Rape and murder - Death sentence - Rarest of rare case - Deceased was last seen in the company of accused - Dead body of deceased found in the house of accused - Medical evidence corroborated the prosecution version - Prosecution proved its case - Accused rightly convicted - However, case does not fall in the category..........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Indian Penal Code, 1860, Section 376, 302 -- Rape and murder - Death sentence - Accused has no criminal history - No blameworthy conduct depicted by accused in jail - Case does not fall in category of rarest of rare cases - It would be in interest of justice if death sentence is commuted to life imprisonment - Life imprisonment should be with a cap of 20 year R.I, which..........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Indian Penal Code, 1860, Section 302, 376(2)(f), 342 -- Murder and rape - Death sentence - Circumstantial evidence - Eleven incriminating circumstances were proved on record against accused, which includes circumstance of last seen - Conduct of accused is gone into by Court when mother of deceased went to his house to enquire about her daughter and accused stated that he..........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Incident occurred when deceased aimed a rifle at accused and due to altercation between them, accused used his gun to fire at deceased - Fire by accused is due to threat perception created by deceased in the mind of accused - Case of accused would fall under ambit of right to private defence, however,..........

BOMBAY HIGH COURT

Year of decision: 2018
Details

Indian Penal Code, 1860, Section 307, 34 -- Reduction of sentence - Attempt to murder - Conviction - Prosecution witness clearly establishing that he had sustained injuries inflicted by accused persons using sharp weapons - Testimony of prosecution corroborated by evidence of medical officer, which also shows that injuries might have caused death - Offence punishable..........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Indian Penal Code, 1860, Section 148, 149 -- U, lawful assembly - Common object - Once all six accused were acquitted by Sessions Judge and no appeal was filed by State against said order, High Court was not justified in convicting A-1 u/ss 148, 149 IPC - Conviction and sentence of A-1 set aside...........

MADHYA PRADESH HIGH COURT

Year of decision: 2018
Details

Indian Penal Code, 1860, Section 376(AB), 376(2)(1), 323, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 5(E), 6, Criminal Procedure Code, 1973, Section 366 -- Death sentence - Reduction of sentence - Rape of 5 to 6 years child - Inserting of finger into private part of prosecutrix amounts to rape but the manner in which offence is committed is not..........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Indian Penal Code, 1860, Section 302, 307, 120B, 34 -- Murder - Sentence - Modification - For offence of murder, minimum sentence is `life imprisonment' - High Court cannot modify the sentence to one already undergone - Modification done by High Court was erroneous - Order of High Court removing the cap of 30 years is not correct thus, set aside...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 323, 324, 325, 326, 34 -- Compromise - Offence u/ss 323, 324, 325, 326, 34 - Since, petitioners are facing the agony of protracted trial for more than 20 years and after the compromise between parties, complainant has not levelled any allegations regarding threat or misuse of compromise at the..........

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