Search Results for "Sentence Enhancement"

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Supreme Court Sets Aside Enhancement of Sentence in POCSO Case Due to Procedural Violation — High Court's Suo Motu Enhancement Without Notice Held Illegal. Enhancement of Sentence from 7 to 10 Years in Accused's Own Appeal Violates Section 386 Proviso CrPC and Principles of Natural Justice.

The appellant, Kumar Ghimirey, was convicted by the Special Judge (POCSO Act, 2012) under Section 9/10 of the Protection of Children from Sexual Offen...

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Supreme Court Emphasizes Proportional Sentencing in Bigamy Case. Lenient punishment for bigamy under Section 494 IPC revised to ensure justice and uphold societal interests.

The principles of sentencing in criminal law, specifically focusing on the offense of bigamy under Section 494 of the Indian Penal Code (IPC). The cas...

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Supreme Court Commutes Death Sentence to Life Imprisonment in Child Rape and Murder Case. Judicial Confession and Last Seen Theory Upheld but Death Penalty Not Warranted as 'Rarest of Rare'.

The case involves the ghastly rape and murder of two children aged 10 and 7 years. On 29 October 2010, Mohanakrishnan picked up the children from outs...

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Supreme Court Modifies Sentence for Accused in Kidnapping and Murder Case Due to Unlawful Fixed Term Condition. Trial Court's Imposition of 30-Year Sentence Without Remission Held Beyond Jurisdiction Under Indian Penal Code, 1860, Following Precedent.

The Supreme Court addressed an appeal concerning the sentencing of two accused persons convicted for kidnapping for ransom and murder. The deceased, a...

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Bombay High Court Dismisses State's Appeal Against Acquittal in Murder Case Due to Unreliable Witnesses and Lack of Corroboration. Acquittal of Accused Under Section 302 IPC Upheld as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

The State of Maharashtra appealed against the acquittal of respondents Shripati Rama Kanase, Annappa Shripati Kanase, and Appa Shripati Kanase in Sess...

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High Court of Karnataka Enhances Sentence in POCSO Case — State Appeal Against Inadequate Sentence Allowed. Court holds that Section 5(1) of POCSO Act mandates minimum sentence of ten years and trial court's imposition of less than ten years is illegal.

The State of Karnataka filed an appeal under Section 377(1)(b) of the Code of Criminal Procedure, 1973, challenging the inadequacy of the sentence imp...