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SECTION 432 Cr.P.C – GOVERNMENT’S POWER TO SUSPEND OR REMIT THE SENTENCE

-August 27, 2023

GROUND ON WRIT PETITION 1. The petitioner, currently serving a sentence of life imprisonment for commission of offences punishable under Section 302/34 of the Indian Penal Code, 1860 and Section 27 of the Arms Act, 1959 approaches this court under its Article 32 jurisdiction, seeking appropriate direction to the first respondent to prematurely release him, […]

SECTION 6 OF POCSO ACT LEAVS NO DISCRETION TO THE COURT TO IMPOSE MINIMUM SENTENCE.

-July 6, 2023

FACTUAL  ASPECTS 1. The only question involved in this appeal is whether the Respondent is guilty of an offence of aggravated penetrative sexual assault punishable under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (for short, ‘the POCSO Act’). 2. The respondent–accused was prosecuted for the offences punishable under Sections 377 […]

S.307 IPC NOT ATTRACTED – REDUCED SENTENCE

-April 14, 2023

SECTION 307 IPC WOULD NOT ATTRACT 7. In his statement, the injured appearing as PW-1 submitted that when Munna (PW 6) shouted for help, Kantilal (PW 8) and Radheyshyam (PW 9) came there and seeing them the accused ran away. However, Kantilal (PW 8) was declared hostile. The prosecution had produced another witness Radhey Shyam […]

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