Search Results for "mitigating punishment"

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Search Results for "mitigating punishment"

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Supreme Court

Supreme Court Partly Allows Appeal in SC/ST Act Case, Reducing Sentence to One Year Rigorous Imprisonment. The Court modified the sentence based on mitigating factors including the dispute's origin over a shop, appellant's age, lack of serious injury, no criminal antecedents, and sentence already undergone, under Sections 3(1)(r) and 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Section 323 of the Indian Penal Code, 1860.

19 Jan 2022

The appeal concerned the quantum of sentence imposed on the appellant, who was convicted by the Special Court under the Scheduled Castes and Scheduled...

Supreme Court

Supreme Court Clarifies Sentencing Powers of Constitutional Courts in Modified Life Sentences - Constitutional Courts Can Impose Fixed-Term Sentences Without Death Penalty Commutation. Power to impose modified punishment including fixed-term incarceration or life imprisonment without remission is derived from Indian Penal Code, 1860, and can be exercised by High Courts and Supreme Court based on offence gravity and relevant factors, not limited to death penalty commutation cases.

28 Mar 2023

The Supreme Court addressed an appeal concerning the sentence for an offence under Section 302 of the Indian Penal Code, 1860, where the appellant had...

Supreme Court

Supreme Court Partially Allows Appeal in NDPS Act Case by Reducing Sentence from 15 to 12 Years Based on Mitigating Factors. The Court Held That While Imposition of Sentence Higher Than Minimum Under Section 21 of NDPS Act Does Not Require Exclusive Consideration of Section 32B Factors, Quantity of Contraband and Mitigating Circumstances Like Being a First-Time Convict and Carrier Warrant Sentence Reduction.

6 Apr 2021

The appeal arose from a criminal conviction under the Narcotic Drugs and Psychotropic Substances Act, 1985. The appellant, Gurdev Singh, was convicted...

High Court

Bombay High Court Upholds Conviction of Bank Manager and Co-accused in Branch Arson Case. Probation Benefit Denied for Offence Under Section 436 IPC as It Carries Life Imprisonment.

10 Jan 2011

The case arises from an incident where the Poladpur branch of Mahad Co-Operative Urban Bank was set on fire on the night of 5th/6th September 1986. Th...

High Court

Bombay High Court Quashes Conviction for Non-Compoundable Offences Based on Settlement — Exercise of Inherent Powers Under Section 482 CrPC to Secure Ends of Justice. The court held that even non-compoundable offences can be quashed if parties have genuinely settled and continuation would be an abuse of process.

9 Jul 2021

The applicants, Madhav Govindrao Sathe and Shvaji Govindrao Sonkamble, were convicted by the Judicial Magistrate First Class, Mukhed, on 26 June 2013 ...

Supreme Court

Supreme Court Restores Seven-Year Sentence for Attempt to Murder by Firearm. High Court's Reduction of Sentence Set Aside as Injuries Were Life-Threatening and Commensurate Punishment Required.

12 Jul 2019

The appeal arose from a judgment of the Bombay High Court at Aurangabad which reduced the sentence of imprisonment for the accused in a case of attemp...

Supreme Court

Supreme Court Commutes Death Sentence to Life Imprisonment in Rape and Murder of Minor - Rarest of Rare Doctrine Not Satisfied. Circumstantial Evidence and Possibility of Reformation Mitigate Against Death Penalty Under Section 302 IPC.

1 Jan 2019

The Supreme Court of India heard an appeal against the death sentence imposed on Raju Jagdish Paswan for the rape and murder of a 9-year-old girl. The...

High Court

Bombay High Court Dismisses State's Appeal for Enhancement of Sentence in Rape Case — Minimum Sentence of Seven Years Held Adequate. Trial court's discretion in imposing seven-year rigorous imprisonment under Section 376(1) IPC for rape of a minor upheld, considering mitigating circumstances like no past record and family responsibilities.

4 Aug 2006

The State of Goa filed an appeal under Section 376 IPC seeking enhancement of sentence imposed on the respondent-accused, Tony Fernandes, who was conv...

High Court

Bombay High Court Grants Bail to Accused in POCSO Case Due to Discrepancies in Victim Statements and Young Age. Cousin Sister Alleged Sexual Assault but Court Found Inconsistencies in Her Statements and Possibility of Reformation of 20-Year-Old Accused.

7 Feb 2025

The applicant, Ritik Suresh Millil, filed a bail application under Section 439 of the Code of Criminal Procedure, 1973, seeking regular bail in connec...

Supreme Court

Supreme Court Commutes Death Sentence to Life Imprisonment for Mentally Ill Accused in Rape and Murder Case — Non-Compliance with Section 235(2) CrPC and Supervening Mental Illness Considered

12 Apr 2019

The Supreme Court of India heard a review petition filed by an accused (referred to as 'Accused X') against his conviction and death sentence for the ...

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