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. The Kerala High Court has recently issued a set of recommendations to be observed by trial courts while sentencing the accused in criminal matters. Therefore, trial courts cannot direct that on failure to pay compensation, the default sentence will run first before the commencement of the substantive sentence of life imprisonment imposed for the offence. The Sessions Court directed that the accused will be liable to undergo the default sentence before the substantive sentence if the compensation is not paid forthwith.

Trial Compensation Court Fine Kerala High Court Courts Accused Sentence 14 Years Default Ker Trial Courts Sessions Life Imprisonment Imprisonment Section 357 Sessions Courts  imprisonment  kerala  sentence  sessions  compensation  default  issues  sentencing  trial  accused  court  directions  high  courts  followed  fine

History of this topic

Kerala High Court Weekly Round-Up: February 10- February 16, 2025
1 month, 1 week ago

Kerala High Court Weekly Round-Up: February 10- February 16, 2025

Live Law  

Nominal Index Divya K S v State of Kerala, 2025 LiveLaw 92 State of Kerala v Dr Jyothish Kumar V& Connected Cases, 2025 LiveLaw 93 T.M.Leela and another V. P.K.Vasu, 2025 LiveLaw 94 Dr.S.Ganapathy V Union Of India, 2025 LiveLaw 95 Sunil Kumar H. and Others v State of Kerala and Another & connected cases, 2025 LiveLaw 96 Lijo Stephen …

Court sentences rape convict to jail time already undergone
2 months, 1 week 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 …

10 sentenced to double life term in Kerala political twin murder case
2 months, 3 weeks ago

10 sentenced to double life term in Kerala political twin murder case

India Today  

A CBI Special Court in Ernakulam on Friday sentenced 10 individuals to double life imprisonment for the killings of Youth Congress workers Sarath Lal PK and Kripesh in Kasaragod, Kerala five years ago. The court also handed five years of rigorous imprisonment to four CPI leaders, including former MLA KV Kunhiraman, for aiding the crime. In addition to the double …

Kerala High Court Suspends Sentence Of Man Accused Of Involvement In "Cutting Hand" Of Professor For Allegedly Insulting Prophet Mohammad
3 months, 2 weeks 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 …

Delhi High Court Orders Release Of Life Convict 26 Years After Incarceration, Calls For 'Deeper Consideration' In SRB Decisions
4 months, 2 weeks ago

Delhi High Court Orders Release Of Life Convict 26 Years After Incarceration, Calls For 'Deeper Consideration' In SRB Decisions

Live Law  

The Delhi High Court has ordered release of a murder convict serving life imprisonment 26 years after his incarceration by quashing the decision of Sentence Review Board rejecting his plea for premature release by calling it arbitrary, irrational and illogical.Referring to various scholars, Justice Anish Dayal underscored that SRB procedures require “better compliance and. The Delhi High Court has ordered …

Four sentenced to death in 2014 caste-related murders in TN's Udappankulam
6 months ago

Four sentenced to death in 2014 caste-related murders in TN's Udappankulam

New Indian Express  

TIRUNELVELI: Four persons were sentenced to death, while seven others were awarded multiple life imprisonments in connection with the murders of three SC persons in Udappankulam village near Thiruvengadam in 2014. According to prosecution, 25 persons from a caste Hindu community were accused of murdering 3 scheduled caste men — Kaliraj, Venugopal and Murugan — when they were headed towards …

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 …

Kerala HC upholds death sentence in 2016 rape and murder of law student
10 months, 1 week ago

Kerala HC upholds death sentence in 2016 rape and murder of law student

Hindustan Times  

The Kerala high court on Monday upheld the death sentence given by a trial court to Muhammed Ameer ul-Islam, the lone convict in the 2016 rape and murder of a 30-year-old law student in Ernakulam district of the state. Kerala HC upholds death sentence in 2016 rape and murder of law student The accused, then 22 years old and a …

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, 1 week 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 …

Kerala High Court upholds death sentence of a convict in law student rape and murder case
10 months, 1 week ago

Kerala High Court upholds death sentence of a convict in law student rape and murder case

India TV News  

The Kerala High Court on Monday upheld the death sentence for Ameerul Islam, convicted in the 2016 rape and murder of a 30-year-old Dalit law student in Perumbavoor. The high court dismissed Islam's appeal against the sessions court verdict and confirmed the capital punishment. The court had said that the confirmation of the capital punishment was also made based on …

Kerala High Court Declines To Suspend Execution Of Monson Mavunkal's Life Sentence For Sexually Abusing Employee's Minor Daughter
11 months, 2 weeks ago

Kerala High Court Declines To Suspend Execution Of Monson Mavunkal's Life Sentence For Sexually Abusing Employee's Minor Daughter

Live Law  

The Kerala High Court has dismissed a plea by Monson Mavunkal to suspend the execution of his life imprisonment sentence passed by the trial court in a sexual assault case.“It is to be noted that the petitioner has been awarded the imprisonment for life on three different counts by the learned Additional Sessions Judge. The Kerala High Court has dismissed …

[Sunil Babu Gang Rivalry Murder] Kerala High Court Upholds Life Sentence Of Four Accused For Murder, Acquits Other Accused
1 year ago

[Sunil Babu Gang Rivalry Murder] Kerala High Court Upholds Life Sentence Of Four Accused For Murder, Acquits Other Accused

Live Law  

The Kerala High Court upheld rigorous life imprisonment imposed upon four accuseds 1 to 4 for the offence of murder of CITU worker Sunil Babu due to gang rivalry. The Court also set aside the conviction of rigorous life imprisonment imposed upon accuseds 5 to 8 for criminal conspiracy to murder due to lack of evidence. It also set aside …

Kerala High Court Upholds Conviction Of Vicar For Minor's Rape, Reduces Life Term To 20 Yrs Rigorous Imprisonment Without Remission
1 year, 1 month ago

Kerala High Court Upholds Conviction Of Vicar For Minor's Rape, Reduces Life Term To 20 Yrs Rigorous Imprisonment Without Remission

Live Law  

The Kerala High Court has upheld the conviction of a vicar for rape and sexual assault of a minor girl in his parish but has reduced the sentence imposed upon him by the Special Court from life imprisonment for the remainder of his natural life to rigorous imprisonment of twenty years without remission. At the same time, the court cannot …

Chandrasekharan murder case: Kerala HC upholds conviction of 12 accused
1 year, 1 month ago

Chandrasekharan murder case: Kerala HC upholds conviction of 12 accused

Hindustan Times  

The Kerala high court on Monday upheld the conviction of 12 accused, including local Communist Party of India leaders, and set aside the acquittal of two others by a trial court in the case of the murder of TP Chandrasekharan, founder of Revolutionary Marxist Party, by a group of assailants in May 2012. Of the 12 accused convicted by the …

SC to hear plea by convict seeking to determine if a life sentence is for life
1 year, 1 month ago

SC to hear plea by convict seeking to determine if a life sentence is for life

New Indian Express  

NEW DELHI: The Supreme Court on Friday decided to hear a petition, filed by Chandrakant Jha, who is serving life term, seeking to know as to whether the specification of 'life sentence' would mean the entire life or can it be commuted or remitted by powers given under law. The Top Court's two-judge bench, headed by Justice Hrishikesh Roy and …

Kerala High Court Weekly Round-Up: January 15 – January 21, 2024
1 year, 2 months ago

Kerala High Court Weekly Round-Up: January 15 – January 21, 2024

Live Law  

Nominal Index Sabu Varghese v. Viju P. Varghese & Ors., 2024 LiveLaw 42 Dr. Annie Mareena Issac V Employees State Insurance Corporation, 2024 LiveLaw 43 XXX & Ors. Kerala HC Refers To Division Bench Case title: Lekshmi M V Sudhamony Amma Citation: 2024 LiveLaw 45 The Kerala High Court has referred the decision of a single judge in Natarajan T.K. …

Kerala High Court Annual Digest 2023: Criminal Law
1 year, 2 months ago

Kerala High Court Annual Digest 2023: Criminal Law

Live Law  

Can't Test Veracity Of Material When Cognizable Offence Disclosed: Kerala High Court Dismisses Cop's Plea For Quashing Of Corruption Case Case Title: T. A. Abdul Sathar v. The State of Kerala and Ors. v. State of Kerala Citation: 2023 LiveLaw 120 The Kerala High Court dismissed the bail application of Sunil N.S., also known as 'Pulsar Suni', the main accused …

Kerala High Court Annual Digest 2023: Part II [Citations 256-511]
1 year, 3 months ago

Kerala High Court Annual Digest 2023: Part II [Citations 256-511]

Live Law  

Nominal Index Citations Arumughom Achari Ranganathan Achari & Ors v. Rajamma Sarojam & Ors., 2023 LiveLaw 256 A single bench of Justice Viju Abraham referred to Section 22C of the Legal Services Authorities Act,1987, Regulation 33 of the Kerala State Legal Services Authority Regulation, 1998 and Regulation 17 of the National Legal Services Authority Regulations, 2009 to conclude that both …

Special Parole Granted During COVID Can't Be Counted While Calculating Period Of Imprisonment: Orissa High Court
1 year, 3 months ago

Special Parole Granted During COVID Can't Be Counted While Calculating Period Of Imprisonment: Orissa High Court

Live Law  

The Orissa High Court clarified that the period of special parole availed by prisoners due to the outbreak of the COVID-19 pandemic cannot be counted as a period of imprisonment and thus, while counting the period of imprisonment undergone by a convict, the special parole period has to be excluded. While denying relief to the petitioner who urged the Court …

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 …

Delhi High Court Modifies Life Sentence To 20 Years Imprisonment In 2015 Rape And Murder Case
1 year, 10 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 …

Life Convicts Release Committee Must Meet Once In 2 Months: Karnataka High Court
2 years ago

Life Convicts Release Committee Must Meet Once In 2 Months: Karnataka High Court

Live Law  

The Karnataka High Court has directed the state government to ask the Life Convicts Release Committee, headed by the Principal Secretary, State Home Department, to meet once in two months to review and pass orders on applications made for premature release/remission made by convicts serving life imprisonment. “I deem it appropriate to direct the State Government to henceforth direct the …

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 …

Accused in POCSO case gets life sentence, 15 years jail
2 years, 1 month ago

Accused in POCSO case gets life sentence, 15 years jail

Deccan Chronicle  

KAKINADA: First Additional District Judge of Rajamahendravaram has sentenced a murder-convict to life imprisonment and 15 years of jail under four different sections. According to the town police, Mukkudupallil Naveen Kumar alias Naveen, a painter, used to follow a minor girl, studying Class X, in the Municipal High School there and told her he was loving her deeply. The judge …

Kerala High Court Monthly Digest - January 2023 [Citations 1-52]
2 years, 1 month ago

Kerala High Court Monthly Digest - January 2023 [Citations 1-52]

Live Law  

Nominal Index Citations XXXX v. Union Of India and Connected Cases 2023 LiveLaw 1Sali M.N. 2023 LiveLaw 52 Judgments/Orders This Month Assisted Reproductive Technology Act | Enforcing Upper Age Limit On Couples Who Were In The Middle Of Treatment Is Arbitrary : Kerala High Court Case Title: State of Kerala rep. by Secretary to the Government & Ors. Sabarimala Pilgrims …

Parole period to be excluded for considering actual imprisonment: Supreme Court
2 years, 2 months ago

Parole period to be excluded for considering actual imprisonment: Supreme Court

India Today  

The Supreme Court on Thursday held that the parole undergone by the convicts will be excluded for the purpose of considering 14 years of actual imprisonment in cases regarding premature release of convicts under Goa Prisons Rules, 2006. In the present case, several convicts undergoing life imprisonment were released on parole under the provisions of Goa Prisons Rules, 2006 and …

Supreme Court Quarterly Complete Criminal Digest [July - September 2022]
2 years, 4 months ago

Supreme Court Quarterly Complete Criminal Digest [July - September 2022]

Live Law  

Bail - Economic Offences - The gravity of the offence, the object of the Special Act, and the attending circumstances are a few of the factors to be taken note of, along with the period of sentence. Kanchan Kumar v. State of Bihar, 2022 LiveLaw 763 Code of Criminal Procedure, 1973; Section 227-228 - Cause of death of the deceased …

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 …

Kalluvathukkal Hooch Tragedy Case : Supreme Court Directs Release Of Convict Manichan
2 years, 5 months ago

Kalluvathukkal Hooch Tragedy Case : Supreme Court Directs Release Of Convict Manichan

Live Law  

The Supreme Court ordered release of Manichan, a convict in Kalluvathukkal Hooch Tragedy case that had killed over 30 people in the year 2000.Manichan @ Chandran was convicted by the Kollam Sessions Court on 16th July, 2002 and was sentenced to life imprisonment alongwith fine of Rs.30,45,000/-. The Supreme Court ordered release of Manichan, a convict in Kalluvathukkal Hooch Tragedy …

Bombay High Court reduces sentence of man accused of raping mentally retarded woman
2 years, 7 months ago

Bombay High Court reduces sentence of man accused of raping mentally retarded woman

India Today  

The Bombay High Court has reduced the sentence of a man, convicted for the rape of a woman with mild mental retardation, to 10 years imprisonment from a life sentence that was granted earlier by the trial court. "In the present case, the victim is a helpless, mild mentally retarded girl and thus, the present case requires to be dealt …

Kerala Court Sentences Three Accused After They Plead Guilty In Kalamassery Bus Burning Case
2 years, 7 months ago

Kerala Court Sentences Three Accused After They Plead Guilty In Kalamassery Bus Burning Case

Live Law  

A court in Kerala on Monday sentenced Thadiyantavida Nazeer, a suspected Lashkar-e-Taiba operative, and his accomplice to 7 years of rigorous imprisonment in the 2005 Kalamassery bus burning case while sentencing another accused in the case to 6 years imprisonment.NIA Special Court Judge K Kamanees had convicted them last week after the trio admitted their guilt in the case. A …

Trial Court Cannot Qualify Life Imprisonment Awarded By It To Remainder Of Natural Life: Delhi High Court Reiterates
2 years, 9 months ago

Trial Court Cannot Qualify Life Imprisonment Awarded By It To Remainder Of Natural Life: Delhi High Court Reiterates

Live Law  

The Delhi High Court has reiterated the position of law laid by the Apex Court that a Trial Court cannot qualify the imprisonment of life awarded by it to remainder of natural life. A division bench comprising of Justice Mukta Gupta and Justice Mini Pushkarna observed thus while awarding life sentence to three men for gang rape and murder of …

"Diabolic & Brutal": Delhi High Court Awards Imprisonment For Remainder Of Life To Three For Gang Rape & Murder Of 3-Yr-Old
2 years, 9 months ago

"Diabolic & Brutal": Delhi High Court Awards Imprisonment For Remainder Of Life To Three For Gang Rape & Murder Of 3-Yr-Old

Live Law  

The Delhi High Court has awarded life sentence to three men for gang rape and murder of a three year old minor child observing that the same was done in a diabolic and brutal manner. Upholding the conviction of the three, a division bench comprising of Justice Mukta Gupta and Justice Mini Pushkarna exercised its appellate jurisdiction by awarding life …

Supreme Court Criminal Digest -April 2022
2 years, 10 months ago

Supreme Court Criminal Digest -April 2022

Live Law  

Arms Act, 1950; Section 27 - Supreme Court Patna High Court judgment which modified the judgment passed by the Trial Court convicting the appellants- accused under Section 307 read with Section 34 Indian Penal Code to Section 324 IPC and confirming their conviction under Section 27 of the Arms Act. Mohd Firoz v. State of Madhya Pradesh, 2022 LiveLaw 390 …

Trial Courts Cannot Impose Life Imprisonment Till Death Or Without Remission Except In Rape Cases: Calcutta HC
2 years, 11 months ago

Trial Courts Cannot Impose Life Imprisonment Till Death Or Without Remission Except In Rape Cases: Calcutta HC

Live Law  

In a significant ruling, the Calcutta High Court on Wednesday issued a directive to trial courts in West Bengal stipulating that a sentence of life imprisonment till death, without any scope of remission, can only be passed in rape cases. A Bench comprising Justice Joymalya Bagchi and Justice Bivas Pattanayak observed that such a sentence of life imprisonment till one's …

Supreme Court Seeks UP Govt Response On Policy For Premature Release Of Prisoners Above 80 Years Old
3 years, 2 months ago

Supreme Court Seeks UP Govt Response On Policy For Premature Release Of Prisoners Above 80 Years Old

Live Law  

The Supreme Court of India has issued notice to the Uttar Pradesh Government seeking their response to whether the State has any existing policy to consider the premature release of accused who are 80 years old or above and convicted on long drawn trial. Yogeshwaran appearing on behalf of the Petitioner before a bench comprising the Chief Justice of India, …

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. …

Kottiyoor Rape Case: Kerala High Court Reduces Sentence Awarded To Former Priest To 10 Yrs Imprisonment
3 years, 3 months ago

Kottiyoor Rape Case: Kerala High Court Reduces Sentence Awarded To Former Priest To 10 Yrs Imprisonment

Live Law  

The Kerala High Court on Wednesday reduced the sentence imposed on former priest Robin Mathew Vadakkumchery in the infamous Kottiyoor rape case that had shaken the public conscience, where he was accused of raping and impregnating a minor girl in 2016.The POCSO court at Thalassery had sentenced him to 20 years of rigorous imprisonment under Section 376 of IPC and …

Sentence Of Life Imprisonment Means Rigorous Imprisonment For Life : Supreme Court Reiterates
3 years, 6 months ago

Sentence Of Life Imprisonment Means Rigorous Imprisonment For Life : Supreme Court Reiterates

Live Law  

The Supreme Court has reiterated that a sentence of imprisonment for life means rigorous imprisonment for life.A bench comprising Justices L Nageswara Rao and BR Gavai held so while disposing two special leave petitions, in which the court had issued a limited notice on the question of propriety of specifying rigorous imprisonment while imposing life sentence.The special leave petitions. The …

Direction To Undergo Other Sentences After Life Sentence Illegal: Supreme Court
3 years, 8 months ago

Direction To Undergo Other Sentences After Life Sentence Illegal: Supreme Court

Live Law  

The Supreme Court observed that a court cannot stipulate that other sentences would begin after expiration of life sentence awarded to convict.In this case, the Trial court had convicted the accused Imran Jalal under sections 121, 121A,. The Supreme Court observed that a court cannot stipulate that other sentences would begin after expiration of life sentence awarded to convict. Before …

Section 428 CrPC- "Set Off" Of Pre-Conviction Detention Is Permissible Even For Life Convicts: Madras High Court
3 years, 8 months ago

Section 428 CrPC- "Set Off" Of Pre-Conviction Detention Is Permissible Even For Life Convicts: Madras High Court

Live Law  

The Madras High Court on Monday ruled that 'set off" of pre-conviction detention under Section 428 of Code of criminal Procedure is permissible even for a life convict. The Madras High Court on Monday ruled that 'set off" of pre-conviction detention under Section 428 of Code of criminal Procedure is permissible even for a life convict." Further, the Court also …

[Attempt To Rape] Accused U/s Section 511 R/w 376 IPC Entitled To Statutory Bail If Final Report Is Not Filed Within Sixty Days After Remand: Kerala HC [Read Order]
4 years, 6 months ago

[Attempt To Rape] Accused U/s Section 511 R/w 376 IPC Entitled To Statutory Bail If Final Report Is Not Filed Within Sixty Days After Remand: Kerala HC [Read Order]

Live Law  

The Kerala High Court has held that an accused charged for attempt to rape under Section 511 read with Section 376, is entitled to statutory bail if no Final Report is filed within sixty days.The court was considering a bail application filed by a person accused of attempting to rape. The Kerala High Court has held that an accused charged …

Not Open To Trial Courts Awarding Life Imprisonment To Further Specify Term Of Incarceration As Remainder Of Natural Life, Or Rule Out Remission [Read Order]
4 years, 7 months ago

Not Open To Trial Courts Awarding Life Imprisonment To Further Specify Term Of Incarceration As Remainder Of Natural Life, Or Rule Out Remission [Read Order]

Live Law  

The Punjab and Haryana Court has reaffirmed that Trial courts have no power to order a life sentence to run till natural life or that no remission will be granted. The division bench concluded that after the judgment of the Constitution Bench of the Supreme Court in V. Sriharan, it is not open to a court inferior to the High …

SC Order For Extension Of Limitation Does Not Affect An Accused' Right To Default Bail Under Section 167(2) CrPC: Kerala HC [Read Order]
4 years, 10 months ago

SC Order For Extension Of Limitation Does Not Affect An Accused' Right To Default Bail Under Section 167(2) CrPC: Kerala HC [Read Order]

Live Law  

The Kerala High Court has held that the Supreme Court order dated March 23, 2020, whereby the period of limitation for filing cases was extended in view of the COVID-19 lockdown, does not affect the right of an accused to default bail under Section 167 of CrPC. While making these observations, the bench expressed its concurrence with the verdict of …

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

'So Long As Life Lasts, It's Court's Duty To Give Meaning To Constitution To Prevent Human Suffering' : Delhi HC In Nirbhaya Case
5 years, 1 month ago

'So Long As Life Lasts, It's Court's Duty To Give Meaning To Constitution To Prevent Human Suffering' : Delhi HC In Nirbhaya Case

Live Law  

In the order refusing to set aside the Trial Court's stay on execution of convicts in the Nirbhaya case, the Delhi High Court observed that so long as life lasts, it shall be the duty of the Court to give meaning to the Constitution to prevent human suffering and degradation.Acknowledging the gruesome nature of crime committed by the four convicts, …

Juvenility Claim After President's Mercy: Uttarakhand HC Dismisses Triple Murder Convict's Plea [Read Judgment]
5 years, 7 months ago

Juvenility Claim After President's Mercy: Uttarakhand HC Dismisses Triple Murder Convict's Plea [Read Judgment]

Live Law  

The Uttarakhand High Court dismissed a 'Juvenility' plea of a triple murder convict whose death sentence affirmed by the Apex Court was later modified to life imprisonment by the President of India.Om Prakash @ Nazrul @ Raju Dass @ Raju Chaudhary @ Saiful Islam was sentenced to death after he was found guilty of triple murder. The Uttarakhand High Court …

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 …

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