Only 4 Months Jail For Killing Own Father? SC Restores Sentence Of 3 Years RI [Read Judgment]
6 years, 1 month ago

Only 4 Months Jail For Killing Own Father? SC Restores Sentence Of 3 Years RI [Read Judgment]

Live Law  

The Supreme Court has restored rigorous imprisonment of 3 years awarded to a man by trial court for killing his own father by setting aside the High Court judgment which had reduced the same to the period of imprisonment already undergone. The bench observed that the High Court was not justified in reducing the sentence to an abysmally inadequate period of less than 4 months. Examining the mitigating factors taken into consideration by the High Court, the bench observed: "In fact, the factor that the incident had happened at the 'spur of moment' had been the basic reason for the respondent having been convicted for the offence of culpable homicide not amounting to murder under Section 304 Part II IPC though he was charged for the offence of murder under Section 302 IPC. It then restored the Trial Court sentence of 3 years Rigorous Imprisonment, and observed thus: "The homicidal act of the respondent had, in fact, been of patricide; killing of one's own father.

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History of this topic

SC sets aside death penalty to man convicted of killing wife, daughter
1 month ago

SC sets aside death penalty to man convicted of killing wife, daughter

Hindustan Times  

India’s criminal justice system disproportionately disadvantages the accused, especially those who are economically or socially vulnerable, the Supreme Court has lamented while setting aside the death penalty awarded to a man convicted of murdering his wife and 12-year-old daughter. The court held that the accused was denied a fair trial due to procedural deficiencies, including the absence of legal representation …

Undertrials Unable To Effectively Defend Themselves Due To Poor Socio-Economic Status, Leads To Sole Focus On Gravity Of Offence: Calcutta HC Reverses Death Sentence
9 months, 3 weeks ago

Undertrials Unable To Effectively Defend Themselves Due To Poor Socio-Economic Status, Leads To Sole Focus On Gravity Of Offence: Calcutta HC Reverses Death Sentence

Live Law  

The Calcutta High Court has recently reversed a death sentence awarded to a man who was accused of brutally murdering a home-maker and her 13-year-old daughter with a sharp and heavy weapon.A division bench of Justices Soumen Sen and Partha Sarathi Sen were adjudicating upon a death reference case wherein the trial court had handed a death sentence to Padam …

Supreme Court Summarises Factors To Decide Term Of Sentence Convicts Must Undergo Before Remission In Murder Cases
1 year ago

Supreme Court Summarises Factors To Decide Term Of Sentence Convicts Must Undergo Before Remission In Murder Cases

Live Law  

The Supreme Court, in its verdict, recapitulated certain factors that the courts considered while deciding convicts' period of sentence before remission could be sought. The judgment authored by Justice Vishwanathan recorded: "Illustratively in the process of arriving at the number of years as the most appropriate for the case at hand, which the convict will have to undergo before which …

Supreme Court Sentences Man Who Raped 7 Year Old Girl In Temple To 30 Years Imprisonment
1 year, 1 month ago

Supreme Court Sentences Man Who Raped 7 Year Old Girl In Temple To 30 Years Imprisonment

Live Law  

In a horrifying incident where a 40-year-old man raped a seven-year-old Child, the Supreme Court imposed the sentence of 30 years of rigorous imprisonment with a fine of Rupees One Lakh. When such an act was done by the petitioner, who was then aged 40 years and X who was then aged only 7 years and the evidence that when …

SC reduces 20-year jail sentence to TN man, convicted of POCSO, on the ground of saving his marriage to victim
1 year, 1 month ago

SC reduces 20-year jail sentence to TN man, convicted of POCSO, on the ground of saving his marriage to victim

New Indian Express  

NEW DELHI: In a rare and unusual order and just to save the convict's marriage with the victim, the three-judge Special Bench of the Supreme Court, headed by Chief Justice of India Dr D Y Chandrachud on Monday remitted the 20-year jail sentence of the man from Tamil Nadu found guilty of the aggravated sexual assault of a 14-year-old girl …

20 years in jail, no remission for father who raped child: Supreme Court
1 year, 10 months ago

20 years in jail, no remission for father who raped child: Supreme Court

Hindustan Times  

A man, convicted for raping his nine-year-old daughter, has been ordered to undergo 20 years of imprisonment without remission by the Supreme Court saying sanctity of the very relationship were destroyed by his debauched and devastating acts. A special fast track court here had held the man guilty in 2013 and convicted him under Sections 376, 377 and 506 of …

Appeal court increases prison sentence for father who fatally shook baby son
2 years, 1 month ago

Appeal court increases prison sentence for father who fatally shook baby son

The Independent  

For free real time breaking news alerts sent straight to your inbox sign up to our breaking news emails Sign up to our free breaking news emails Sign up to our free breaking news emails SIGN UP I would like to be emailed about offers, events and updates from The Independent. Winchester Crown Court previously heard Banks had “forcefully” shaken …

Interest Of Victim And Society At Large Must Also Be Kept In View While Sentencing: SC [Read Judgment]
5 years, 7 months ago

Interest Of Victim And Society At Large Must Also Be Kept In View While Sentencing: SC [Read Judgment]

Live Law  

The Supreme Court has observed the courts must also keep in view the interest of the victim and society at large while sentencing in criminal matters.In Suryakant Baburao @ Ramrao Phad vs. State of Maharashtra, the High Court reduced the sentence of imprisonment from seven years to five years to an 'attempt to murder' accused. The Supreme Court has observed …

3 Decades Old Rape, Prosecutrix Settled In Life: SC's 'Special Reasons' To Reduce Convict's Sentence To Period Already Undergone [Read Order]
6 years ago

3 Decades Old Rape, Prosecutrix Settled In Life: SC's 'Special Reasons' To Reduce Convict's Sentence To Period Already Undergone [Read Order]

Live Law  

The Supreme Court reduced punishment awarded to a rape convict to period already undergone taking into account the 'special reasons'. 3 decade old rape incident, the prosecutrix and the accused married and settled in life, are the 'special reasons' which prompted the Apex court bench to reduce the sentence. The 'special reasons', according to the counsel were that: there are …

Trial Court Can’t Order Accused To Undergo Life Term Beyond 14 Yrs Without Chance For Remission, Reiterates Delhi HC [Read Judgment]
6 years, 11 months ago

Trial Court Can’t Order Accused To Undergo Life Term Beyond 14 Yrs Without Chance For Remission, Reiterates Delhi HC [Read Judgment]

Live Law  

HC modifies life term of murder convict sentenced to 25 yrs in jail without remission.Modifying to life term the punishment awarded to a murder convict sentenced by the trial court to undergo 25 years in custody without being considered for remission, the Delhi High Court has said the trial court cannot order an accused to undergo life imprisonment for a …

Man gets 30 years for killing girlfriend & her daughter
7 years, 4 months ago

Man gets 30 years for killing girlfriend & her daughter

NL Times  

A man convicted of killing his girlfriend and the rape and murder of her daughter, was re-sentenced by a court in Leeuwarden on Monday. Alex L. was again told to spend thirty years of prison and time in a psychiatric prison facility with involuntary treatment for killing Manon Pieters and her daughter Fleur. The court said it was choosing the …

Period Undergone By A Convict While He Was In Detention As Under Trial Could Be Set Off Under Section 428 CrPC: SC [Read Judgment]
7 years, 4 months ago

Period Undergone By A Convict While He Was In Detention As Under Trial Could Be Set Off Under Section 428 CrPC: SC [Read Judgment]

Live Law  

In State of UP Vs. Tribhuwan, the Supreme Court has held that period already undergone by a convict while he was in detention, as under-trial and as convict, could be treated as jail sentence once awarded to him and its benefit by way of set off could be given to him under Section 428 of Code.The state had, before the …

Period Undergone By A Convict While He Was In Detention As Under Trial Could Be Set Off Under Section 428 CrPC: SC [Read Judgment]
7 years, 4 months ago

Period Undergone By A Convict While He Was In Detention As Under Trial Could Be Set Off Under Section 428 CrPC: SC [Read Judgment]

Live Law  

In State of UP Vs. Tribhuwan, the Supreme Court has held that period already undergone by a convict while he was in detention, as under-trial and as convict, could be treated as jail sentence once awarded to him and its benefit by way of set off could be given to him under Section 428 of Code.The state had, before the …

Imposing Inadequate Sentence Showing Undue Sympathy Harms The Justice System: Delhi HC [Read Judgment]
7 years, 9 months ago

Imposing Inadequate Sentence Showing Undue Sympathy Harms The Justice System: Delhi HC [Read Judgment]

Live Law  

The High Court of Delhi recently refused to reduce the sentence awarded to a 45 year old man convicted for raping and attempting to murder his ex-employer’s daughter-in-law, observing that showing undue sympathy and imposing inadequate sentence harms the justice system.“It is the duty of every court to award proper sentence having regard to the nature of the offence and …

SC Upholds Life Term Of Accused Persons For Murder Of 8 Family Members [Read Judgment]
8 years, 3 months ago

SC Upholds Life Term Of Accused Persons For Murder Of 8 Family Members [Read Judgment]

Live Law  

They deserve no sympathy, the bench saidThe Supreme Court has upheld the life imprisonment awarded to persons convicted for killing eight members of a family, including a one-and-half year-old infant.As many as 20 accused were convicted by the trial court in the instant case. They deserve no sympathy, the bench said The Supreme Court has upheld the life imprisonment awarded …

SC Commutes Death Penalty In 7-yr-Old Girl’s Rape & Murder Case [Read Judgment]
8 years, 6 months ago

SC Commutes Death Penalty In 7-yr-Old Girl’s Rape & Murder Case [Read Judgment]

Live Law  

He shall not be released from prison till he completes actual period of 25 years of imprisonment, the court held.The Supreme Court on Friday commuted the death sentence awarded by a trial court and confirmed by the High Court of Madhya Pradesh for a man accused of raping and murdering a 7-year-old girl, to life imprisonment with the further direction …

Breaking; Two Judge Bench (SC) Lets off Rapist with the 'sentence already undergone' citing a Judgment which was held as 'no longer a precedent' by Three Judge Bench [Read Jt]
10 years ago

Breaking; Two Judge Bench (SC) Lets off Rapist with the 'sentence already undergone' citing a Judgment which was held as 'no longer a precedent' by Three Judge Bench [Read Jt]

Live Law  

A two Judge Bench of the Supreme Court in Ravindra Vs State of MP, while upholding the conviction of an accused in a Rape Case, sentenced him to the 'sentence already undergone' by reducing the mandatory minimum sentence for Rape. ", the Bench relied on Justice Katju's infamous Judgment in Baldev Singh vs. State of Punjab which was held " …

Breaking; Two Judge Bench (SC) Lets off Rapist with the 'sentence already undergone' citing a Judgment which was held as 'no longer a precedent' by Three Judge Bench [Read Jt]
10 years ago

Breaking; Two Judge Bench (SC) Lets off Rapist with the 'sentence already undergone' citing a Judgment which was held as 'no longer a precedent' by Three Judge Bench [Read Jt]

Live Law  

A two Judge Bench of the Supreme Court in Ravindra Vs State of MP, while upholding the conviction of an accused in a Rape Case, sentenced him to the 'sentence already undergone' by reducing the mandatory minimum sentence for Rape. ", the Bench relied on Justice Katju's infamous Judgment in Baldev Singh vs. State of Punjab which was held " …

Delhi gang-rape victim's father unhappy with SC staying death sentence
10 years, 8 months ago

Delhi gang-rape victim's father unhappy with SC staying death sentence

Firstpost  

The father of the 16 December Delhi gang-rape victim said he was not happy with the apex court’s decision to suspend death sentence of two of the convicts. New Delhi: The father of the 16 December Delhi gang-rape victim on Monday said he was not happy with the Supreme Court’s decision to suspend the death sentence of two of the …

Death commuted for man who raped minor daughter and later killed her and wife
12 years, 1 month ago

Death commuted for man who raped minor daughter and later killed her and wife

The Hindu  

Observing that there is a chance for reformation and that the death penalty is an exception and not a rule, the Supreme Court has commuted the sentence awarded to a man, who raped his own minor daughter and later killed both his wife and the girl, to life imprisonment — till the end of his life. In his judgment, Justice …

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