Search Results for "sentencing discretion"

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Supreme Court

Supreme Court Modifies Sentence for Accused in Kidnapping and Murder Case Due to Unlawful Fixed Term Condition. Trial Court's Imposition of 30-Year Sentence Without Remission Held Beyond Jurisdiction Under Indian Penal Code, 1860, Following Precedent.

21 Apr 2023

The Supreme Court addressed an appeal concerning the sentencing of two accused persons convicted for kidnapping for ransom and murder. The deceased, a...

Supreme Court

Supreme Court Dismisses Union of India's Appeal Against Sentence Modification in Court-Martial Case. General Court Martial Composition Violated Army Rules, 1954, Rule 40(2) and Rule 102, but Armed Forces Tribunal's Sentencing Discretion Under Section 71(e) of Armed Forces Tribunal Act, 2007 Upheld.

23 Mar 2022

The dispute arose from disciplinary proceedings against a retired Lieutenant General of the Indian Army, initiated after an anonymous complaint in 200...

Supreme Court

Supreme Court Upholds Conviction but Reduces Sentence in IPC Section 326 Case Based on Victim Compromise. The Court held that while the offence is non-compoundable under Section 320 CrPC, a compromise can be considered for sentencing purposes, reducing the imprisonment to the period already undergone due to the victim's forgiveness and restored family relations.

20 Sep 2021

The appeal arose from a criminal conviction under Section 326 of the Indian Penal Code, 1860, for causing grievous hurt. The appellant, along with oth...

Supreme Court

Supreme Court Upholds Conviction Under Section 21(c) NDPS Act but Reduces Sentence to 16 Years. Court Holds That Section 32B Does Not Limit Sentencing Discretion to Enumerated Factors; Other Relevant Factors Like Quantity May Be Considered.

7 May 2019

The appeal arose from a conviction under Section 21(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The appellant, Rafiq Qu...

Supreme Court

Supreme Court Commutes Death Sentence to Life Imprisonment for Mentally Ill Accused in Rape and Murder Case — Non-Compliance with Section 235(2) CrPC and Supervening Mental Illness Considered

12 Apr 2019

The Supreme Court of India heard a review petition filed by an accused (referred to as 'Accused X') against his conviction and death sentence for the ...

Supreme Court

Supreme Court Commutes Death Sentence to Life Imprisonment in Acid Attack Murder Case. No Special Reasons for Death Penalty as Crime Not 'Rarest of Rare' Under Section 302 IPC.

17 Jan 2019

The Supreme Court of India heard appeals against the judgment of the Madhya Pradesh High Court confirming the death sentence awarded to Yogendra @ Jog...

Supreme Court

Supreme Court Commutes Death Sentence to Life Imprisonment in Rape and Murder of Minor - Rarest of Rare Doctrine Not Satisfied. Circumstantial Evidence and Possibility of Reformation Mitigate Against Death Penalty Under Section 302 IPC.

1 Jan 2019

The Supreme Court of India heard an appeal against the death sentence imposed on Raju Jagdish Paswan for the rape and murder of a 9-year-old girl. The...

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