Search Results for "sentencing powers"

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Search Results for "sentencing powers"

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High Court

Gujarat High Court Dismisses State's Appeal for Sentence Enhancement in Attempt to Murder Case — Sentence of 5 Years RI Held Adequate. The Court found that the trial court's discretion was judiciously exercised considering the nature of injuries and absence of criminal antecedents under Section 307 IPC.

2 Feb 2026

The State of Gujarat filed an appeal under Section 418 of the Bharatiya Nagrik Suraksha Sanhita, 2023, seeking enhancement of the sentence imposed by ...

High Court

Gujarat High Court Enhances Sentence of Accused in Child Rape Case from 7 Years to 20 Years Rigorous Imprisonment. Court holds that the minimum sentence of 10 years under Section 376(2)(f) IPC for rape of a child below 12 years is not a ceiling and can be enhanced up to life imprisonment considering the gravity of the offence.

22 Jan 2026

The State of Gujarat filed an appeal under Section 377 of the Code of Criminal Procedure, 1973, seeking enhancement of the sentence imposed on the res...

High Court

Bombay High Court Confirms Death Sentence for Accused in Triple Murder Case — Circumstantial Evidence and Motive Establish Guilt. Accused Raju Birha Convicted Under Section 302 IPC for Murder of Three Persons, Death Penalty Upheld as Rarest of Rare Case.

31 Oct 2023

The case pertains to the conviction of Raju Birha for the murder of three persons, Sunil Kotangale, Kailash Bahadure, and Golu @ Ashish Gaikwad, under...

Supreme Court

Supreme Court Upholds Conviction of Accused in Attempt to Murder and Arms Act Case Based on Concurrent Factual Findings. Intent to Kill Under Section 307 IPC Inferred from Circumstances Including Pointing Pistol and Threat, and Misuse of Licensed Weapon for Illegal Purpose Attracts Section 27 Arms Act, 1959.

26 Nov 2021

The dispute arose from an incident on 10 July 1999, where the appellant, a Head Constable in Chandigarh Police, entered the residential office of the ...

Supreme Court

Supreme Court Examines Remission Policies Under Article 161 and CrPC in State Appeal. The Court held that constitutional remission powers under Article 161 of the Constitution prevail over statutory policies under Section 432 of the Code of Criminal Procedure, 1973, and policies are statutory rules under the Prisons Act, 1894.

3 Aug 2021

The dispute arose from an order by the High Court of Punjab & Haryana regarding State Government policies on granting remission to prisoners. The Stat...

High Court

Bombay High Court Allows Quashing of Conviction in Non-Compoundable Offences Based on Settlement — Inherent Powers Under Section 482 CrPC Can Be Exercised Even After Conviction, Subject to Guidelines. The Court Held That While Section 320 CrPC Restricts Compounding, Section 482 CrPC Provides Independent Power to Quash in the Interest of Justice, and Laid Down Guidelines for Such Exercise.

5 Jan 2021

The judgment arises from a reference made to a larger bench of the Bombay High Court to resolve the contentious issue regarding the scope of power und...

Supreme Court

Supreme Court Dismisses Criminal Appeal in Life Imprisonment Case After Premature Release Under Article 161. The appeal became infructuous as the appellant was released under the Governor's constitutional pardon power, which overrides statutory minimum sentence requirements under Section 433-A of the Code of Criminal Procedure, 1973.

17 Jul 2020

The dispute involved a criminal appeal by an appellant convicted under Section 302 read with Section 34 of the Indian Penal Code and sentenced to life...

Supreme Court

Supreme Court Upholds Death Sentence for Triple Murder of Children in Revenge Killing. Conviction Based on Circumstantial Evidence Including Last Seen Theory, Motive, and Recovery of Bodies at Accused's Instance.

5 Mar 2020

The appellant, Manoj Suryavanshi, was convicted for the abduction and murder of three minor children (Vijay, Ajay, and Sakshi) aged 8, 6, and 4 years,...

High Court

Bombay High Court Allows Revision in POCSO Case — Probation Report Can Be Called Even Under POCSO Act. Section 4(1)(2) of Probation of Offenders Act, 1958 is Not Barred by POCSO Act, 2012.

18 Jun 2018

The applicant, Nishant Harishchandra Salvi, was prosecuted for offences punishable under Section 354A of the Indian Penal Code and Section 8 of the Pr...

High Court

Bombay High Court Quashes Criminal Proceedings in Extortion Case Due to Settlement Between Parties. Offences Under Sections 386, 387, 447, 506, 109 IPC Are Compoundable or Non-Serious, and Continuation Would Be Futile.

28 Mar 2016

The applicants (accused) filed an application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of RCC No.3212 of 2015 arisi...

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