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 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. Disagreeing with this approach, the bench comprising Justice R. Banumathi and Justice AS Bopanna, said: "The courts must not only keep in view the right of the accused, but must also keep in view the interest of the victim and society at large.

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History of this topic

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

Three sentenced to 20 years jail for serial rape, drugging a minor
Trending News
1 month, 3 weeks ago

Three sentenced to 20 years jail for serial rape, drugging a minor

The Hindu  

A Mangaluru court has sentenced three persons to 20 years of rigorous imprisonment on finding them guilty of serially raping a 16-year-old girl on multiple occasions after drugging a The Additional District and Sessions Judge, Fast Track Sessions Court-2, Mangaluru, K.S. Maanu, sentenced Mohammad Shakeer alias Sakeer,Abdul Samad alias Samad and Abhijith alias Abhi to imprisonment and imposed a fine …

Four get 20 years imprisonment in 2022 gang-rape case
Trending News
1 month, 3 weeks ago

Four get 20 years imprisonment in 2022 gang-rape case

The Hindu  

: The Fast Track Mahila Court at the Combined Court Complex here on Thursday convicted four persons and sentenced them to 20 years of imprisonment in connection with the gang-rape case that took place in Vellore in March 2022. Judge Maheshwari Bhanurekha delivered the verdict, sentencing Santhosh, 22; Bharath, 23; Manikandan, 25; and Santhosh, 24, to 20 years of imprisonment …

Court sentences rape convict to jail time already undergone
2 months ago

Court sentences rape convict to jail time already undergone

Hindustan Times  

New Delhi, A Delhi court has sentenced a convict in a minor's rape case to five years' imprisonment which he already underwent observing it must not be swayed by emotions and follow judicial principles. Court sentences rape convict to jail time already undergone The verdict paves way for the release of the 40-year-old convict. "I consider a sentence of imprisonment …

Supreme Court Expresses Shock At Trial Court In Gujarat Imposing Only 3 Years Sentence For Rape
2 months, 1 week ago

Supreme Court Expresses Shock At Trial Court In Gujarat Imposing Only 3 Years Sentence For Rape

Live Law  

The Supreme Court recently expressed its surprise at noting that a trial court awarded only a punishment of three years imprisonment for the offence of rape under Section 376 of the Indian Penal Code, although the minimum punishment prescribed for the offence was seven years imprisonment. The Court was also aghast to note that the Gujarat High Court did not …

'Pendency Of Criminal Appeals In MP HC Quite High, Early Hearing Unlikely' : Supreme Court Suspends Sentence
3 months, 2 weeks ago

'Pendency Of Criminal Appeals In MP HC Quite High, Early Hearing Unlikely' : Supreme Court Suspends Sentence

Live Law  

Citing the high pendency of criminal appeals in the Madhya Pradesh High Court and the unlikelihood of an early hearing of an appeal filed in 2024, the Supreme Court recently suspended the sentence of a convict who was sentenced to five years imprisonment in a cheating case.The convict, convicted for the offences punishable under Sections 407, 420, 468, 471, 34 …

Karnataka High Court Grants Bail To 99 Convicts In Marakumbi Atrocity Case, Admits Their Appeal Against Conviction
4 months, 1 week ago

Karnataka High Court Grants Bail To 99 Convicts In Marakumbi Atrocity Case, Admits Their Appeal Against Conviction

Live Law  

The Karnataka High Court on Wednesday granted bail to 99 convicts in a decade old case of atrocity against members of the Scheduled Caste community at Marakumbi village. Therefore accused persons have made out grounds for grant of bail and case for suspension of sentence.” Accordingly, it granted bail and directed release of each of them on executing personal bond …

Brutal Raping Case in Jalaun: Life Sentence for 60-Year-Old Accused
5 months ago

Brutal Raping Case in Jalaun: Life Sentence for 60-Year-Old Accused

Hindustan Times  

A 60-year-old man has been sentenced to life imprisonment for the rape of a 6-year-old girl in Jalaun district, Uttar Pradesh. The verdict was delivered by a special Protection of Children from Sexual Offenses Act (POCSO) court judge, Mohammad Quamar, following a swift trial that concluded in just three months.

Odisha: Court sentences 14 murder accused to life imprisonment after 15 years
7 months, 3 weeks ago

Odisha: Court sentences 14 murder accused to life imprisonment after 15 years

India TV News  

An Odisha court on Thursday convicted 14 people in a 15-year-old murder case, granting life imprisonment to them. However, two of them had already died and hence Additional District Judge Pradeep Kumar Samal sentenced life imprisonment to 14 convicts. Accused attacked deceased while he was asleep Speaking over the sentence, public prosecutor Brundaban Nayak said while two accused persons have …

Kerala High Court Commutes Death Sentence Of Man For Murdering 3 & 7 Yr-Old Nephews, Imposes 30-Yr Rigorous Imprisonment Sentence
8 months ago

Kerala High Court Commutes Death Sentence Of Man For Murdering 3 & 7 Yr-Old Nephews, Imposes 30-Yr Rigorous Imprisonment Sentence

Live Law  

The Kerala High Court has commuted the death penalty imposed upon Thomas Chacko alias Shibu to 30 years of rigorous imprisonment without remission for murdering his nephews aged 3 and 7. observed that Constitutional Courts have the power to substitute the death penalty imposed by the Trial Court to imprisonment for a fixed term without remission in appropriate cases. Taking …

Supreme Court Stays Execution Of Death Penalty Given To Man For Rape-Murder Of Law Student In Kerala
8 months, 1 week ago

Supreme Court Stays Execution Of Death Penalty Given To Man For Rape-Murder Of Law Student In Kerala

Live Law  

The Supreme Court on Tuesday stayed the execution of the death sentence given to Muhammed Ameer-Ul Islam, a migrant labourer from Assam, for committing the rape and murder of a law student in Perumbavoor on April 28, 2016.A bench comprising Justices BR Gavai, Sanjay Karol and KV Viswanathan, considering the appeal filed by the convict against the Kerala High Court's. …

Created Fear & Vulnerability Amongst Women, Had Profound Impact On Society: Kerala High Court Confirms Death Sentence Of Man Convicted Of Brutal Rape-Murder
10 months ago

Created Fear & Vulnerability Amongst Women, Had Profound Impact On Society: Kerala High Court Confirms Death Sentence Of Man Convicted Of Brutal Rape-Murder

Live Law  

The Kerala High Court today confirmed the death sentence imposed upon Muhammed Ameer-Ul Islam, a migrant labourer from Assam for committing the rape and murder of a law student in Perumbavoor on April 28, 2016. It said, “The Court stated that the brutality committed by the accused on the body of the victim to cause her death can only be …

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 …

How Mahatma Gandhi's quote in school textbook helped a child sexual predator get 100 years in jail in Kerala
1 year, 5 months ago

How Mahatma Gandhi's quote in school textbook helped a child sexual predator get 100 years in jail in Kerala

Firstpost  

Reportedly, the incident came to light through the elder sister of the victim. Until she read a Gandhi quote in her second-grade textbook The principles espoused by Mahatma Gandhi, particularly his unwavering dedication to truth, emerged as a decisive factor in the investigation of a heinous case involving the sexual abuse of a three-and-a-half-year-old girl. In a legal proceeding spanning …

Bombay High Court Commutes Man’s Death Sentence To 25 Yrs Imprisonment For Rape, Murder Of 6-Yr-Old
1 year, 6 months ago

Bombay High Court Commutes Man’s Death Sentence To 25 Yrs Imprisonment For Rape, Murder Of 6-Yr-Old

Live Law  

The division bench of Justice Vibha Kankanwadi and Justice Abhay S Waghwase observed that the trial court did not consider mitigating factors, including the convict's background and the absence of any prior criminal record while awarding the death penalty. The Bombay High Court on Friday commuted the death sentence to 25-year fixed-term imprisonment for a 36 years old labour, convicted …

Bombay High Court Orders Release Of 30-Yr-Old Convicted In 41 Theft Cases And Sentenced To Over 83 Yrs Imprisonment
1 year, 8 months ago

Bombay High Court Orders Release Of 30-Yr-Old Convicted In 41 Theft Cases And Sentenced To Over 83 Yrs Imprisonment

Live Law  

The Bombay High Court has ordered the release of a 30-year-old man convicted in 41 theft cases and sentenced to over 83 year in prison, as the trial courts did not order his sentences to run concurrently. “if the petitioner is permitted to undergo imprisonment in all the aforesaid cases, he would be compelled to undergo imprisonment of approximately 83 …

‘Travesty of justice’: Bombay HC frees 30-yr-old Pune man sentenced to 83 years
1 year, 8 months ago

‘Travesty of justice’: Bombay HC frees 30-yr-old Pune man sentenced to 83 years

Hindustan Times  

MUMBAI: A 30-year-old Pune resident sentenced to 83 years in jail in 41 theft cases was ordered to be released by the Bombay high court, observing that if the bench did not interfere, it will result in a serious miscarriage of justice. Aslam Salim Shaikh approached the Bombay high court in 2022, complaining that he was illiterate, too poor to …

Rajasthan High Court Sets Aside Conviction Of Six In Dacoity Case Over 21 Years After Trial Court Verdict
1 year, 9 months ago

Rajasthan High Court Sets Aside Conviction Of Six In Dacoity Case Over 21 Years After Trial Court Verdict

Live Law  

Nearly 23 years after the case was registered, the Rajasthan High Court recently set aside the conviction under Section 395 of IPC of six accused persons including one deceased person on the ground that the prosecution evidence on record was not sufficient enough to substantiate the charge alleged against the accused persons. The single judge bench of Justice Farjand Ali …

BREAKING - Madras High Court Upholds Conviction Of Accused In Gokulraj Murder Case, Says They Were Under Influence Of ‘Demon Called Caste’
1 year, 9 months ago

BREAKING - Madras High Court Upholds Conviction Of Accused In Gokulraj Murder Case, Says They Were Under Influence Of ‘Demon Called Caste’

Live Law  

The Madras High Court has upheld the life imprisonment of eight accused in the Gokul Raj murder case. The court altered the charges against two other accused to imprisonment of five years.The division bench of Justice MS Ramesh and Justice Anand Venkatesh observed that the prosecution had proved the chain of circumstances that had led to the murder of Gokulraj …

Delhi High Court Modifies Life Sentence To 20 Years Imprisonment In 2015 Rape And Murder Case
1 year, 9 months ago

Delhi High Court Modifies Life Sentence To 20 Years Imprisonment In 2015 Rape And Murder Case

Live Law  

The Delhi High Court has modified life sentence in a 2015 rape and murder case to rigorous imprisonment for a period of 20 years without remission, while considering the mitigating and extenuating circumstances. "At the same time, the diabolic and depraved manner in which the appellant took the victim to a solitary place and not only sexually assaulted her but …

If Life Imprisonment Is Imposed On Murder Convict, Term Sentence For Other Offences Runs Concurrently: Karnataka High Court
2 years, 1 month ago

If Life Imprisonment Is Imposed On Murder Convict, Term Sentence For Other Offences Runs Concurrently: Karnataka High Court

Live Law  

The Karnataka High Court has clarified that if a term of life imprisonment under section 302 of Indian Penal Code is imposed on an accused and another fixed term sentence is imposed for another charge, then both sentences will run concurrently and not consecutively. The Sessions Court in terms of its order dated 09.12.2010, convicted the petitioners herein and sentenced …

165 Death Sentences Awarded By Trial Courts In 2022, Highest Ever In A Year Since 2000 : Project 39A Report
2 years, 1 month ago

165 Death Sentences Awarded By Trial Courts In 2022, Highest Ever In A Year Since 2000 : Project 39A Report

Live Law  

In 2022, trial courts imposed the largest number of death sentences in a single year since 2000 while the death row population was the highest it has been since 2004. Overview of Death Sentences In 2022, trial courts imposed death sentences on 165 persons - the largest number of death sentences imposed in a single year in over two decades …

[POCSO Act] Special Court Cannot Impose Sentence Lower Than Minimum Punishment Prescribed: Karnataka High Court
2 years, 2 months ago

[POCSO Act] Special Court Cannot Impose Sentence Lower Than Minimum Punishment Prescribed: Karnataka High Court

Live Law  

The Karnataka High Court has enhanced the sentence of five years imposed by the special court on an accused convicted under the Protection of Children From Sexual Offences, Act, observing that when the statute has prescribed a minimum sentence of seven years for the offence punishable, the Special Judge did not have any power whatsoever to reduce minimum sentence to …

Psychological assessment needed, says SC while staying death sentence of rape accused
2 years, 4 months ago

Psychological assessment needed, says SC while staying death sentence of rape accused

India Today  

The Supreme Court on Thursday stayed the execution of the death penalty awarded to a man who was convicted of raping and murdering a minor girl. In November last year, the Bombay High Court sentenced the man to death for raping and murdering a minor girl in Maharashtra's Thane. Arora stressed before the three-judge bench, comprising Chief Justice of India …

Madhya Pradesh High Court reduces sentence of rape convict for 'sparing' minor victim's life
2 years, 5 months ago

Madhya Pradesh High Court reduces sentence of rape convict for 'sparing' minor victim's life

India Today  

The Madhya Pradesh High Court recently reduced the life sentence of a rape convict after it noted that even though the crime was demonic, the convict was "kind enough" to spare the child's life. The Indore bench of Justice Subodh Abhyankar and Justice SK Singh of the high court reduced the life sentence of the convict to 20 years. The …

"No Accused Is Incapable Of Being Reformed": Allahabad HC Modifies Sentence From Life Term To 10 Yr In S. 304 Part 1 IPC Conviction Case
2 years, 7 months ago

"No Accused Is Incapable Of Being Reformed": Allahabad HC Modifies Sentence From Life Term To 10 Yr In S. 304 Part 1 IPC Conviction Case

Live Law  

".no accused person is incapable of being reformed and therefore, all measures should be applied to give them an opportunity of reformation in order to bring them in the social stream," the Allahabad High Court recently observed as it modified the sentence of an accused convicted under Section 304 Part 1 IPC.The bench of Justice Dr. Kaushal Jayendra Thaker and …

The challenge of reforming death penalty sentencing
2 years, 9 months ago

The challenge of reforming death penalty sentencing

The Hindu  

There has been an intense and persistent crisis in the fairness of administering the death penalty in India for many decades now that has been acknowledged in judgments of the Supreme Court of India, by former judges, lawyers, researchers, etc. Individualised sentencing The constitutionality of the death penalty was upheld in 1980 in Bachan Singh vs State of Punjab, which …

Allahabad High Court Grants Bail To Murder-Convict In Jail For Over 16 Yrs In View Of SC's Order In 'Saudan Singh' Case
2 years, 11 months ago

Allahabad High Court Grants Bail To Murder-Convict In Jail For Over 16 Yrs In View Of SC's Order In 'Saudan Singh' Case

Live Law  

Taking into account the recent ruling of the Supreme Court in the case of Saudan Singh Vs. State of Uttar Pradesh, the Allahabad High Court on Wednesday granted bail to one Fareed who has already served over a total of 16 years in jail.The Bench of Justice Ramesh Sinha and Justice Saroj Yadav also took into account the recent observations …

Calcutta High Court To Consider Bail For Convicts Languishing In Jail For 14 Yrs Amid Pendency Of Their Appeals
2 years, 11 months ago

Calcutta High Court To Consider Bail For Convicts Languishing In Jail For 14 Yrs Amid Pendency Of Their Appeals

Live Law  

The Calcutta High Court on Tuesday directed the Registrar of the High Court to prepare a list of appeals where the appellants are in jail for 14 years or more and list those matters before the Court for consideration of bail within 2 weeks. A Bench comprising Justice Bivas Pattanayak and Justice Joymalya Bagchi noted that the Supreme Court in …

Kerala High Court Issues Directions To Be Followed By Trial Courts While Sentencing
3 years, 1 month ago

Kerala High Court Issues Directions To Be Followed By Trial Courts While Sentencing

Live Law  

The Kerala High Court has recently issued a set of recommendations to be observed by trial courts while sentencing the accused in criminal matters.The guidelines were issued by a Division Bench of Justice K. Vinod Chandran and Justice C. Jayachandran while allowing a criminal appeal, thereby reversing the conviction and sentence imposed by a Sessions Judge on the appellant for. …

Proportion Between Crime & Punishment Remains Strong Influence In Determination Of Sentences, Inspite Of Errant Notions: Delhi Court
3 years, 3 months ago

Proportion Between Crime & Punishment Remains Strong Influence In Determination Of Sentences, Inspite Of Errant Notions: Delhi Court

Live Law  

A Delhi Court has observed that the proportion between crime and punishment remains a strong influence in the determination of sentences in spite of errant notions and that the Courts are expected to operate the sentencing system so as to impose such sentence which reflects the conscience of the society.Additional Sessions Judge Arun Sukhija of Karkardooma Courts observed thus:. A …

'Amicable Settlement' : Supreme Court Reduces Sentence Awarded To Man Convicted U/s 307 IPC For 'Attempt To Murder'
3 years, 6 months ago

'Amicable Settlement' : Supreme Court Reduces Sentence Awarded To Man Convicted U/s 307 IPC For 'Attempt To Murder'

Live Law  

The Supreme Court reduced the sentence awarded to a man accused of attempt to murder taking note of the amicable settlement between the accused and the victim.The bench of Justices Ajay Rastogi and Abhay S. Oka noted that in earlier judgments, the court has taken note of the compromise between the parties to reduce the sentence of the convicts even …

"Section 3(2)(V) of SC/ST Act Will Not Attract Automatically": Supreme Court Considers Modifying Life Sentence Of Rape Convict
3 years, 11 months ago

"Section 3(2)(V) of SC/ST Act Will Not Attract Automatically": Supreme Court Considers Modifying Life Sentence Of Rape Convict

Live Law  

"Section 3 of the SC/ST Act will not be attracted automatically because the victim belongs to such and such category. On Monday, the bench took note of a 2019 judgment of the top cour t, by a bench headed by Justice R. Banumathi, where the court had reduced the sentence of life imprisonment of a murder convict to the sentence …

Magistrates & Trial Judges Also Have Responsibility In Safeguarding Citizens' Fundamental Right: Supreme Court
4 years ago

Magistrates & Trial Judges Also Have Responsibility In Safeguarding Citizens' Fundamental Right: Supreme Court

Live Law  

The Magistrates and trial Judges have as much, if not more, responsibility in safeguarding the fundamental rights of the citizens of India as the highest court of this land, remarked the Supreme Court in a judgment in which it emphasized the role of the lower Judiciary in preventing abuse of criminal court process.This is a case that should not have …

Death Penalty Sentencing in India's Trial Courts: Confusion in the Apex Court Wreaks Havoc in Courts Below
4 years, 10 months ago

Death Penalty Sentencing in India's Trial Courts: Confusion in the Apex Court Wreaks Havoc in Courts Below

Live Law  

Project 39A has released a report titled DeathPenalty Sentencing in Trial Courts: Delhi, Madhya Pradesh and Maharashtra containing findings from a study of all capital cases decided by trial courts of Delhi, Madhya Pradesh and Maharashtra between 2000 and 2015. Contrary to the Constitution Bench decision in Bachan Singh which emphasised the relevance of mitigating factors in capital sentencing, trial …

Maharashtra: Man gets 7-year rigorous imprisonment for attempt to kill neighbour
5 years, 3 months ago

Maharashtra: Man gets 7-year rigorous imprisonment for attempt to kill neighbour

India TV News  

Maharashtra: Man gets 7-year rigorous imprisonment for attempt to kill neighbour A court here in Maharashtra has sentenced a 30-year-old man to seven years' rigorous imprisonment for attempting to kill his neighbour over a petty dispute in 2016. District Judge V Y Jadhav convicted the accused, Sawan Singh Sajwan, on Saturday under Indian Penal Code Sections 307 and 452. A …

'Justified': Bombay HC upholds death for repeat rape offenders
5 years, 9 months ago

'Justified': Bombay HC upholds death for repeat rape offenders

India TV News  

In a significant order, the Bombay High Court on Monday upheld the constitutional validity of the Indian Penal Code's section providing for either life sentence or death penalty for repeat rape offences. Section 376E - added in 2013 as one of the amendments after the horrific Delhi December 2012 gang-rape and murder case - says that if a person has …

Legal Principles Governing Suspension Of Conviction Cannot Be Applied To Suspend The Sentence: SC [Read Judgment]
5 years, 10 months ago

Legal Principles Governing Suspension Of Conviction Cannot Be Applied To Suspend The Sentence: SC [Read Judgment]

Live Law  

The Supreme Court has set aside a High Court judgment which applied principles governing suspension of conviction to reject a plea seeking suspension of execution of sentence. While filing an appeal before the Karnataka High Court, he also moved an application seeking suspension of execution of sentence. Though appeal was admitted, the High Court dismissed the plea seeking suspension of …

Death Sentence Can Be Imposed Only When Life Imprisonment Appears To Be An Altogether Inappropriate Punishment: SC [Read Judgment]
6 years ago

Death Sentence Can Be Imposed Only When Life Imprisonment Appears To Be An Altogether Inappropriate Punishment: SC [Read Judgment]

Live Law  

While commuting death sentence awarded to a man convicted for rape and murder of a five year old girl, the Supreme Court observed that death sentence must be imposed only when life imprisonment appears to be an altogether inappropriate punishment. The bench comprising Justice NV Ramana, Justice Mohan M. Shanthanagoudar and Justice Indira Banerjee sentenced Sachin Kumar Singhraha to undergo …

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 …

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 …

Lack Of Remorse Doesn’t Indicate That There Is No Scope Of Reform: SC Commutes Death Sentence In Kidnap, Rape & Murder Case [Read Judgment]
6 years, 3 months ago

Lack Of Remorse Doesn’t Indicate That There Is No Scope Of Reform: SC Commutes Death Sentence In Kidnap, Rape & Murder Case [Read Judgment]

Live Law  

‘Though we have noticed above that the possibility of reform of the accused is not completely precluded, we nevertheless share the concerns of the Trial Court and the High Court regarding the lack of remorse on behalf of the appellant and the possibility of reoffending.’While commuting a death sentence awarded to a rape and murder accused, the Supreme Court has …

SC Slams UP Govt. For Negligent And Lackadaisical Approach In Contesting Criminal Cases Against Accused [Read Order]
6 years, 4 months ago

SC Slams UP Govt. For Negligent And Lackadaisical Approach In Contesting Criminal Cases Against Accused [Read Order]

Live Law  

The Supreme Court has come down heavily on the state of Uttar Pradesh for its negligent and lackadaisical approach in contesting cases against the accused in criminal appeals.The bench of Justice NV Ramana and Justice Mohan M Shantanagoudar was considering an appeal filed by de facto complainant against Allahabad High Court order granting bail to a murder accused. The Supreme …

Delhi High Court dismisses appeal of 15 convicted of killing Dalits in Haryana's Mirchpur village
6 years, 7 months ago

Delhi High Court dismisses appeal of 15 convicted of killing Dalits in Haryana's Mirchpur village

Firstpost  

The Delhi High Court on Friday dismissed the appeal of 15 persons belonging to the dominant Jat community against their conviction and sentencing in a case of burning alive a 70-year-old Dalit man and his physically-challenged daughter at Mirchpur village in Haryana’s Hisar district in 2010. New Delhi: The Delhi High Court on Friday dismissed the appeal of 15 persons …

The Extreme Punishment May Convey Message To These Predators That It Is Not A Soft State: MP HC Upholds Death Penalty To Youth Accused Of 4-Yr-Old’s Rape-Murder [Read Judgment]
6 years, 7 months ago

The Extreme Punishment May Convey Message To These Predators That It Is Not A Soft State: MP HC Upholds Death Penalty To Youth Accused Of 4-Yr-Old’s Rape-Murder [Read Judgment]

Live Law  

‘This Court has the social responsibility to make the citizen of this country know that law cannot come to the rescue of such person on the basis of humanity.’Affirming the death sentence awarded to a youth accused of raping a four-year-old girl, the Madhya Pradesh High Court observed that it has the social responsibility to make the citizen of this …

Courts Must See That The Public Doesn’t Lose Confidence In The Judicial System: SC Cautions Courts Against Casual Approach In Sentencing [Read Judgment]
6 years, 7 months ago

Courts Must See That The Public Doesn’t Lose Confidence In The Judicial System: SC Cautions Courts Against Casual Approach In Sentencing [Read Judgment]

Live Law  

‘Imposing inadequate sentences will do more harm to the justice system and may lead to a state where the victim loses confidence in the judicial system and resorts to private vengeance.’ Expressing shock about a Rajasthan High Court judgment that had reduced sentence in a criminal case to period already undergone which was only six days, the Supreme Court had …

Why Salman Khan’s Sentence Is Harsh & Retributive? There Are No Statutory Sentencing Guidelines In India
6 years, 11 months ago

Why Salman Khan’s Sentence Is Harsh & Retributive? There Are No Statutory Sentencing Guidelines In India

Live Law  

Criminal Justice system is an instrument of state and is a key index of the state of democracy. “If the criminal law as a whole is the Cinderella of jurisprudence, then the law of sentencing is Cinderella’s illegitimate baby”, said British criminologist Nigel Walker. In a country where people were given death penalty to satisfy so-called ‘collective conscience of nation’, …

Two-Decade-Old Crime: Conviction Not To Be Interfered With Merely Because Accused Were Juveniles On The Date Of Commission Of Alleged Crime: SC [Read Order]
6 years, 11 months ago

Two-Decade-Old Crime: Conviction Not To Be Interfered With Merely Because Accused Were Juveniles On The Date Of Commission Of Alleged Crime: SC [Read Order]

Live Law  

Upholding the conviction of two accused who raised their plea of juvenility before the Supreme Court for the first time, the apex court has said the validity of the conviction in respect of the incident which occurred almost two decades back ought to be decided in appeals and the entire of the proceedings including the punishment/sentence awarded should not be …

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 …

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