Accused Can't Plead Guilty To Get Lesser Sentence, Court's Should Not Give Concessions Or Adopt Liberal Approach Due To Guilty Plea: Kerala High Court
10 months, 2 weeks ago

Accused Can't Plead Guilty To Get Lesser Sentence, Court's Should Not Give Concessions Or Adopt Liberal Approach Due To Guilty Plea: Kerala High Court

Live Law  

The Kerala High Court held that an accused cannot be imposed with a lesser sentence merely because he appeared before the Court through his counsel and pleaded guilty. Justice P Somarajan set aside the Trial Court's order by which a sentence of fine was imposed upon the accused. On the other hand, the sentence should reflect a proper balance.” The complainant is the revision petitioner who has approached the High Court aggrieved by the order of the Magistrate Court to impose only a lesser sentence of fine upon the accused. The Magistrate awarded a lesser sentence of fine only because the accused pleaded guilty before the Court.

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History of this topic

Kerala High Court Suspends Sentence Of Man Accused Of Involvement In "Cutting Hand" Of Professor For Allegedly Insulting Prophet Mohammad
3 months, 1 week ago

Kerala High Court Suspends Sentence Of Man Accused Of Involvement In "Cutting Hand" Of Professor For Allegedly Insulting Prophet Mohammad

Live Law  

The Kerala High Court on Thursday suspended the sentence of M K Nasar who was convicted to life imprisonment by the Special Court of Trial of NIA Cases for chopping the hands of Professor T J Joseph. While suspending the sentence and granting bail to the accused, the Court observed thus: “The applicant has been undergoing incarceration, at the pre-conviction …

Magistrates Must Ensure That Accused Get Sufficient Legal Advice Before Pleading Guilty: Madras High Court
3 months, 3 weeks ago

Magistrates Must Ensure That Accused Get Sufficient Legal Advice Before Pleading Guilty: Madras High Court

Live Law  

The Madras High Court recently allowed two men to contest their case before the trial court even after making a submission admitting their guilt. The court thus observed that the Magistrate must ensure that the accused persons have sufficient legal advice before pleading guilty and it was not necessary for the magistrate to immediately act upon the pleading of guilt …

Kerala High Court Grants More Time To Ex-Govt Pleader To Surrender In Sexual Assault Case
1 year, 2 months ago

Kerala High Court Grants More Time To Ex-Govt Pleader To Surrender In Sexual Assault Case

Live Law  

The Kerala High Court on Thursday extended the time granted to former Senior Government Pleader P.G. Manu to surrender in an alleged sexual assault case involving a female client. Manu had resigned from his post as Senior Government Pleader following allegations of raping the woman victim who had approached him for legal advice. Court noted that the former Senior Government …

Kerala High Court Dismisses Anticipatory Bail Plea Of Former Senior Government Pleader In Rape Case
1 year, 3 months ago

Kerala High Court Dismisses Anticipatory Bail Plea Of Former Senior Government Pleader In Rape Case

Live Law  

The Kerala High Court on Friday dismissed the anticipatory bail plea moved by former Senior Government Pleader P.G. Manu in the case pertaining to alleged sexual assault of a female client in the guise of providing legal assistance for her.Justice Gopinath P. however added that if the petitioner were to surrender within 10 days from today, he shall be produced …

Plea In Kerala High Court Challenges Grant Of Anticipatory Bail To 57 Yrs Old Man Accused Of Sexually Assaulting 7-Yr-Old
1 year, 7 months ago

Plea In Kerala High Court Challenges Grant Of Anticipatory Bail To 57 Yrs Old Man Accused Of Sexually Assaulting 7-Yr-Old

Live Law  

A plea has been moved in the Kerala High Court against the grant of anticipatory bail to a 57 years old man accused of sexually assaulting a minor aged 7 years. The Sessions Judge vide, its Order dated August 3, 2023, granted anticipatory bail to the accused on noting the delay caused in the registration of the case and that …

Court May Sentence Accused To Lesser Offence Than Charged But Can't Sentence For Higher Offence Without Altering Charge: Karnataka High Court
1 year, 9 months ago

Court May Sentence Accused To Lesser Offence Than Charged But Can't Sentence For Higher Offence Without Altering Charge: Karnataka High Court

Live Law  

The Karnataka High Court has held that the trial court has the power to find an accused guilty for the lesser offence even though the charges were framed for major offences. But the trial Court found him guilty and convicted and sentenced him to undergo 10 years imprisonment for the offence punishable under Section 6 of the Act. Such being …

Karnataka High Court refuses to interfere with lesser sentence imposed on accused who availed benefit of ‘plea bargaining’
2 years, 6 months ago

Karnataka High Court refuses to interfere with lesser sentence imposed on accused who availed benefit of ‘plea bargaining’

The Hindu  

The High Court of Karnataka has upheld the imposition of lesser punishment by the trial courts on a medical shop owner, who had availed of the benefit of ‘plea bargaining’ and was sentenced to imprisonment till the rising of the court and a fine of ₹10,000 as he had pleaded guilty of the charge of selling a certain drugs in …

Plea Of Adjustment Should Be Raised Before Institution Of Suit: Kerala High Court Reiterates
2 years, 8 months ago

Plea Of Adjustment Should Be Raised Before Institution Of Suit: Kerala High Court Reiterates

Live Law  

The Kerala High Court has reiterated that a plea of adjustment can be pressed into service only if raised before the institution of the suit and not afterwards, unlike a plea for set-off.Justice A. Badharudeen also noted that leave for filing additional written statements is usually not granted by courts if they are filed after a long delay. The Kerala …

Sessions Court Not Empowered To Impose Harsher Variety Of Life Sentences: Kerala High Court Reiterates
3 years, 3 months ago

Sessions Court Not Empowered To Impose Harsher Variety Of Life Sentences: Kerala High Court Reiterates

Live Law  

The Kerala High Court in a recent judgment held that the Sessions Court is not empowered to specify the period of incarceration or impose a special category sentence while interpreting the dictum in Swamy Sraddhananda v. State of Karnataka.A Division Bench of Justice Vinod K. Chandran and Justice C. Jayachandran upon noting that the trial court had sentenced the accused. …

'Submission' In Face Of Inevitable Compulsion Not 'Consent': Kerala High Court Upholds Rape Conviction
3 years, 4 months ago

'Submission' In Face Of Inevitable Compulsion Not 'Consent': Kerala High Court Upholds Rape Conviction

Live Law  

In a significant judgment, the Kerala High Court on Wednesday held that there is a substantial distinction between 'consent' and 'submission' to sexual intercourse. Partly allowing an appeal, Justice R. Narayana Pisharadi observed: "Merely for the reason that the victim was in love with the accused, it cannot be presumed that she had given consent for sexual intercourse. Partly allowing …

Kerala High Court Issues Guidelines To Be Followed By Courts Before Acting Upon The "Pleading of Guilty" By An Accused
3 years, 9 months ago

Kerala High Court Issues Guidelines To Be Followed By Courts Before Acting Upon The "Pleading of Guilty" By An Accused

Live Law  

A Single Bench of the Kerala High Court while reversing the conviction imposed upon the petitioner on Tuesday, issued a set of guidelines to be followed in cases of an accused pleading guilty for the offences charged against him. The petition contends that the trial court convicted the petitioner of the above offences solely upon pleading guilty. The elaborate procedure …

Imprisonment In Default Of Payment Of Fine Awarded In Multiple Cases Cannot Be Directed To Run Concurrently: Kerala HC [Read Judgment]
4 years, 11 months ago

Imprisonment In Default Of Payment Of Fine Awarded In Multiple Cases Cannot Be Directed To Run Concurrently: Kerala HC [Read Judgment]

Live Law  

The Kerala High Court has held that the imprisonment in default of payment of fine awarded on an accused in a case cannot be directed to run concurrently with imprisonment in default of payment of fine awarded on him in other cases.Justice R. Narayana Pisharadi observed that the imprisonment in default of payment of fine cannot be deemed to be …

Child Labour: Even If Accused Pleads Guilty, Courts Not Empowered To Award Less Than The Minimum Sentence: Bombay HC [Read Judgment]
5 years, 5 months ago

Child Labour: Even If Accused Pleads Guilty, Courts Not Empowered To Award Less Than The Minimum Sentence: Bombay HC [Read Judgment]

Live Law  

The Bombay High Court has held that even if the accused pleads guilty, Courts are not empowered to impose a sentence below the minimum sentence prescribed in the given act passed by the Legislature and allowed an appeal filed by the State government seeking enhancement of the fine amount of Rs.1200 imposed on one Yalappa Khot, for employing a 12 …

Mandatory To Impose Fine Of Not Less Than Rs 1 Lakh For Offence U/s 55 (1) of Kerala Abkari Act: SC [Read Judgment]
6 years, 4 months ago

Mandatory To Impose Fine Of Not Less Than Rs 1 Lakh For Offence U/s 55 (1) of Kerala Abkari Act: SC [Read Judgment]

Live Law  

‘The Court has discretion to impose fine more than Rs. one lakh depending upon the facts of each case.’The Supreme Court has held that it is mandatory to impose a fine of not less than Rs 1 lakh on a person convicted under Section 55 of the Kerala Abkari Act.The bench comprising Justice Abhay Manohar Sapre and Justice Indu Malhotra …

Supreme Court says no to Justice Karnan's plea
7 years, 10 months ago

Supreme Court says no to Justice Karnan's plea

Deccan Chronicle  

New Delhi: The Supreme Court on Monday refused to hear the plea of Justice C.S.Karnan of the Calcutta High Court, now said to be in Chennai, for early listing of his petition to recall the May 9 order sentencing him to six months imprisonment for contempt of court. Counsel said “Justice Karnan has been sent to jail without even giving …

24 held guilty by Kerala High Court in the Suryanelli rape Case
10 years, 11 months ago

24 held guilty by Kerala High Court in the Suryanelli rape Case

Live Law  

The Kerala High Court held 24 accused persons in the Suryanelli rape case guilty in its judgment on Friday. The prime accused Dharmarajan, who was a lawyer at the time of commission of the offence has been given life imprisonment and others were given rigorous imprisonment ranging from 3 to 13 years. The bench comprised of Justice KT Sankaran and …

24 held guilty by Kerala High Court in the Suryanelli rape Case
10 years, 11 months ago

24 held guilty by Kerala High Court in the Suryanelli rape Case

Live Law  

The Kerala High Court held 24 accused persons in the Suryanelli rape case guilty in its judgment on Friday. The prime accused Dharmarajan, who was a lawyer at the time of commission of the offence has been given life imprisonment and others were given rigorous imprisonment ranging from 3 to 13 years. The bench comprised of Justice KT Sankaran and …

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