Search Results for "mitigating punishment"

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Search Results for "mitigating punishment"

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Supreme Court

Supreme Court Allows State's Appeal and Dismisses Suit for Declaration of Illegal Removal, Holding that Past Record Consideration for Lesser Penalty Does Not Require Fresh Show Cause Notice. Omission to Mention Past Record in Show Cause Notice Not Fatal When Record is Used to Mitigate Punishment, Not Aggravate It, and When Notice of Record Was Otherwise Given.

17 Jan 1969

The respondent, Harish Chandra Singh, was a Sub-Inspector of Police in Uttar Pradesh who was removed from service following disciplinary proceedings u...

Supreme Court

Supreme Court Upholds Conviction but Reduces Sentence in IPC Section 326 Case Based on Victim Compromise. The Court held that while the offence is non-compoundable under Section 320 CrPC, a compromise can be considered for sentencing purposes, reducing the imprisonment to the period already undergone due to the victim's forgiveness and restored family relations.

20 Sep 2021

The appeal arose from a criminal conviction under Section 326 of the Indian Penal Code, 1860, for causing grievous hurt. The appellant, along with oth...

High Court

Bombay High Court Reduces Sentence in Rash Driving Case Due to Mitigating Circumstances — Concurrent Findings of Guilt Under Sections 279, 304-A, 337, 338 IPC and Section 184 MV Act Upheld but Sentence Modified to Period Already Undergone.

18 Jan 2012

The applicant, Deepak Babusing Pardeshi, was convicted by the trial court and the appellate court for offences under Sections 279, 304-A, 337, 338 of ...

Supreme Court

Supreme Court Reduces Sentence of Convicted Patwari in Corruption Case Due to Old Age, Long Pendency, and Health Issues. The Court invoked the proviso to Section 5(2) of the Prevention of Corruption Act, 1947 to reduce the sentence below the statutory minimum of one year, citing eight special reasons including the appellant's age of 78 years, heart ailment, and 34-year pendency of the case.

5 Feb 2019

The appellant, Ambi Ram, was a Kanoongo/Patwari at Didihat, Uttarakhand. He was prosecuted for offences under Section 5(2) of the Prevention of Corrup...

Supreme Court

Supreme Court Commutes Death Sentence to Life Imprisonment in Minor Kidnapping and Murder Case — Accused's Young Age, Good Conduct, and Reformative Potential Considered. The Court held that the case did not fall within the 'rarest of rare' category under Section 302 IPC, and mitigating circumstances warranted commutation.

20 Feb 2019

The appellant, Dnyaneshwar Suresh Borkar, was convicted by the Additional Sessions Judge, Pune for offences under Sections 302, 364, and 201 read with...

High Court

Bombay High Court Allows Probation for Elderly Cancer Patient Convicted of Misappropriation — Benefit of Section 360 CrPC Granted. Repayment of Amount and Health Condition Considered Mitigating Factors for Probation Under Section 360 CrPC.

3 Aug 2011

The petitioner, Smt. Dewaltai w/o Tulshidas Nandgawe, was the original accused no. 2 in a criminal case for offences punishable under Sections 409, 42...

Supreme Court

Supreme Court Restores Sentence in Parricide Case: High Court's Reduction to Period Already Undergone Set Aside. Proportionality in Sentencing Reaffirmed for Offence Under Section 304 Part II IPC.

20 Feb 2019

The State of Madhya Pradesh appealed against the judgment of the Madhya Pradesh High Court which, while upholding the conviction of the respondent Sur...

Supreme Court

Supreme Court Stays Death Sentence and Issues Directions for Collection of Mitigating Circumstances in Death Penalty Cases. Trial Courts Must Call for Reports on Aggravating and Mitigating Circumstances Before Sentencing; High Courts Must Do So at Admission of Death Reference; Dedicated Legal Team Required.

27 Apr 2026

The Supreme Court was hearing a criminal appeal arising out of a death reference from the High Court of Patna. The appellants, had been sentenced to d...

Supreme Court

Supreme Court Upholds Life Imprisonment for Convict in Rape of Minor Under Section 376 AB IPC - Commutation of Death Sentence to Natural Life Imprisonment Maintained as Offence Deemed Barbaric Though Not Brutal, with Alternative Minimum Sentence of 20 Years Considered but Not Applied.

2 Feb 2024

The Supreme Court considered a petition by a convict challenging the High Court of Madhya Pradesh's judgment dated 11.10.2018 in Criminal Appeal No.57...

Supreme Court

Supreme Court Modifies Life Sentence to Fixed Term in Rape Case Under Section 376-D IPC — Emphasizes Judicial Discretion in Sentencing. The Court reduced the sentence from life imprisonment (remainder of natural life) to 20 years rigorous imprisonment, holding that the trial court had not adequately considered mitigating factors and proportionality.

20 Jul 2026

The appellant, was convicted under Section 376-D of the Indian Penal Code, 1860 (IPC) for committing rape on a victim (PW-2) along with another accuse...

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