must have

revision
Acquittal

Neither the State nor the Victim nor the Complainant had sought enhancement in appeal but the High Court converted the sentence into a conviction of the accused in a suo-motu revision is illegal

abatement
BNSS

Abatement: If a particular proceeding shall be instituted and prosecuted by a particular person only then on his death the proceeding would abate

suspension of sentence
BNS

Setting aside a bail order (including suspension of sentence) by a higher court is not the same as cancelling bail as the former is concerned with the justifiability and soundness of the order granting bail

remission
BNS

The Sessions Court has no power to sentence the accused to life without remission

NDPS
BNS

NDPS: Humanitarian considerations cannot override the statutory minimum punishment mandated by the legislature hence sentence is not reduced

Murder
Evidence

Accused is armed and the deceased is unarmed hence exception 2 (private defence) to section 300 IPC not applicable

parameters
Cr.P.C

If the case does not fall within the recognised parameters for quashing courts must avoid delving into disputed facts at the pre-trial stage

confession fir
Acquittal

A confessional FIR given by one accused cannot be used against the other accused including the maker further contents of such FIR cannot be read in evidence

Show More