Mere Illegal Entry Without Anti-National Material Not Attempt To Wage War Against India: Calcutta HC Commutes Death Sentence Of 4 LeT Members
2 years, 1 month ago

Mere Illegal Entry Without Anti-National Material Not Attempt To Wage War Against India: Calcutta HC Commutes Death Sentence Of 4 LeT Members

Live Law  

The Calcutta High Court on Monday commuted the death sentence of four Lashkar-e-Taiba members who were apprehended by the Border Security Force whilst attempting to illegally cross the border into India from Bangladesh in 2007, with an objective of spreading terror in Kashmir.A Division Bench of Justices Joymalya Bagchi and Ananya Bandyopadhyay found that possession of explosives. The Calcutta High Court on Monday commuted the death sentence of four Lashkar-e-Taiba members who were apprehended by the Border Security Force whilst attempting to illegally cross the border into India from Bangladesh in 2007, with an objective of spreading terror in Kashmir. However, given that more than 15 years had lapsed, the High Court said, "it would not enure to the ends of justice to remand the case for recording a finding on the charges as aforesaid, when all the appellants have been found guilty of a graver offence and have already undergone incarceration for more than the maximum period of substantive sentence which could be awarded upon them provided the sentences were to run concurrently." It observed, "Offence under section 121A IPC deals with conspiracy to wage war or overawe the sovereign authority of a democratically elected government by show of criminal force.

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History of this topic

Money Exchanged 10 Days Before Victim's Death Gives Presumption Of ‘Dowry Death’: Calcutta High Court Upholds Husband’s Conviction
1 year, 3 months ago

Money Exchanged 10 Days Before Victim's Death Gives Presumption Of ‘Dowry Death’: Calcutta High Court Upholds Husband’s Conviction

Live Law  

The Calcutta High Court recently dismissed an appeal filed by a husband and his brother who were convicted by the trial court under Section 498A and 304B of the IPC, for causing the ‘dowry death’ of the victim, who poisoned herself and her daughter in her matrimonial home. Brief Background The appellants had been convicted by the trial court under …

Day-To-Day Bickering Between Husband & Wife Not ‘Cruelty’ Under Section 498A IPC: Calcutta High Court
1 year, 3 months ago

Day-To-Day Bickering Between Husband & Wife Not ‘Cruelty’ Under Section 498A IPC: Calcutta High Court

Live Law  

The Calcutta High Court’s Circuit Bench at Jalpaiguri has recently held that cruelty contemplated u/s 498A would be different from general matrimonial disturbances faced by a couple, and that general allegations could not be made to establish a crime u/s 498A. In upholding the appellant’s conviction u/s 323 IPC for voluntarily causing hurt to his wife, while discharging him u/s …

Attempt To Murder: "Offence Against Society, Can't Quash Proceedings Only On Ground Of Compromise": Delhi High Court
3 years, 3 months ago

Attempt To Murder: "Offence Against Society, Can't Quash Proceedings Only On Ground Of Compromise": Delhi High Court

Live Law  

Observing that an offence of Attempt To Murder will fall under the category of heinous offence, and therefore, has to be treated as a crime against society, the Delhi High Court on Monday refused to quash an FIR registered for an offence under 307/34 IPC. Court's observations At the outset, the Court noted that there was a conflict of opinions …

Court orders framing of charges against Aasiya Andrabi for waging war against India
4 years ago

Court orders framing of charges against Aasiya Andrabi for waging war against India

India TV News  

A Delhi court Monday ordered framing of charges against Kashmiri separatist Aasiya Andrabi and her two associates for allegedly waging war against India, sedition and conspiracy to commit acts of terror in the country. Special Judge Parveen Singh ordered putting Andrabi and her associates -- Sofi Fehmeeda and Nahida Nasreen -- on trial for various offences punishable under IPC and …

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