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Showing posts with label sentence. Show all posts
Showing posts with label sentence. Show all posts
Sunday, 13 February 2022

Whether trial will be vitiated if the court fails to hear accused on the point of sentence?

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 From the above abstract, it may be seen that the Apex Court, as a general Rule,  has held that the Trial Courts should after recording the ...
Thursday, 20 January 2022

Whether sentence given to accused is vitiated if Magistrate has not heard him on the point of sentence?

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   The learned counsel for appellant Sunilkumar submitted that the appellant was not heard in the matter of sentence before the learned Magi...
Friday, 24 September 2021

Whether court can reduce sentence given to accused if there is compromise between victim and accused?

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Giving punishment to the wrongdoer is the heart of the criminal delivery system, but we do not find any legislative or judicially laid down ...
Tuesday, 14 September 2021

Whether residual doubt is a mitigating circumstance leading to reduction of sentence of accused?

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  We are  convinced that the crime alleged was committed  but not with the severity and frequency projected. This raises a 'residual dou...
Saturday, 23 January 2021

Whether the court can reduce punishment imposed on accused in the non-compoundable offence if there is a settlement between the parties?

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In our considered opinion, it would not be appropriate to order compounding of an offence not compoundable under the Code ignoring and keepi...
Thursday, 20 August 2020

P& H HC: Trial court can not award life imprisonment with the rider that it shall continue for rest of his natural life or rule out remission

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  The legal position with regard to the power of the trial Courts to award sentences with riders has been made explicit in the Constitu...
Monday, 3 August 2020

Whether Appellate Court and the Revisional Court may pass a direction, that sentence granted to accused to run concurrently?

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 It is settled position of the law that the direction to run the sentence concurrently may be passed by the Trial Court, Appellate Court a...
Thursday, 24 October 2019

Supreme Court: Three tests for sentencing in Criminal case

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Sentencing for crimes has to be analyzed on the touch stone of three tests viz., crime test, criminal test and comparative proportiona...
Sunday, 7 October 2018

How to grant set off to accused on conviction if he is simultaneously arrested and detained in two or more cases?

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Various High Courts have expressed on this question. A Division Bench of Delhi High Court has dissented from a contrary view taken by a Si...
Monday, 28 May 2018

Whether sentence of imprisonment awarded to accused can be waived on payment of additional compensation?

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Considering the fact that the Appellant has complied with the direction given by this Court vide order dated 15th January, 2018 and taking...
Sunday, 21 January 2018

When court should not set aside entire jail sentence while upholding conviction of accused?

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Section 325 of Indian Penal Code 325. Punishment for voluntarily causing grievous hurt.-Whoever, except in the case provided for by Se...
Sunday, 24 December 2017

Whether criminal appeal can be dismissed in default?

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It is seen that the learned Judge has dismissed the appeal for default. It means the conviction and sentence are confirmed without a hear...
Friday, 20 October 2017

When it is not permissible for court to substitute fine in place of imprisonment?

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 In this context and factual background, two points arise for consideration, viz.: (i) Whether the High Court was permitted, in law, ...
Saturday, 11 February 2017

Whether court can reduce sentence if legislature has prescribed minimum sentence without discretion?

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When the legislature has prescribed minimum sentence without discretion, the same cannot be reduced by the Courts . In such cases, imposi...
Saturday, 23 April 2016

When it is not necessary for court to hear accused on the point of sentence?

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(1)  When the conviction is under Section 302, I.P.C. (with or without the aid of Section 34 or 149 or 120B of I.P.C.), if the Sessions...
Friday, 15 April 2016

Whether case for dishonour of cheque can be compounded after conviction and sentence?

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The learned Counsel for the appellant has placed reliance on a decision of this Court in Criminal Application (Main) No. 247/2008, Shr...
Saturday, 28 November 2015

Whether accused can be permitted to adduce evidence on the point of sentence after conviction?

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We have noticed the decision of this Court in Allauddin Mian & Ors. Vs. State of Bihar, (1989) 3 SCC 5. In the said decision, this Co...
Wednesday, 19 September 2012

Whether session Judge can assign cases to assistant session Judge in which sentence to be awarded is more than ten years?

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We are, therefore, of the view that in cases where the sentence which has to be awarded is more than 10 years, the Sessions  Judge  is ...
Wednesday, 29 August 2012

Whether offences which affect public health must be dealt with severely?

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Whether the court while awarding a sentence would take recourse to the principle of deterrence or reform or invoke the doctrine of proport...