Principles for imposition of death sentence, surveyed in detail. Practical guidelines framed for collection/collation of mitigating circumstances. This court in Bachan Singh had warned against categorising cases.96 Rejecting the contention that standards and guidelines should be laid down, it was noted in Bachan Singh that degree of culpability cannot be measured, and aggravating and mitigating […]
Penal Code, 1860 — S. 302 — Death sentence Read More »
It so happened that before the seven days police custody is over and before the CBI exercises the power of interrogation for full seven days which as per the order passed by the learned Special Judge was available to the CBI, the respondent-accused got himself hospitalised on 18.04.2021. On 21.04.2021, the learned Special Judge granted
Principles clarified relating to permissibility of cancellation of default bail on merits after submission of charge-sheet. Held, From the above, the law, which emerges is that mere filing of the chargesheet subsequent to a person is released on default bail under Section 167(2) Cr.P.C. cannot be a ground to cancel the bail of a person,
Principles summarized relating to duty of court after insertion of S. 313(5) which enables court to take assistance of Public Prosecutor and defence counsel. What follows from these authorities may briefly be summarized thus: section 313, Cr. P.C. [clause (b) of sub-section 1] is a valuable safeguard in the trial process for the accused to
Principles clarified relating to effect of determination of juvenility after conviction at stage of appeal, on status of trial, conviction and sentence recorded by trial court and appellate court. The appeal preferred by the appellant was dismissed by the High Court and the death reference forwarded by the Trial Court was affirmed, During the pendency
Right to use software would amount to “deemed sale” under Art. 366(29-A). Law relating to transfer of “right to use” and deemed sales, summarized. The sum and substance of the ratio of the case of BSNL (supra) as discernible is that the contract cannot be vivisected or split into two. Once a lumpsum has been
Constitution of India — Art. 366(29-A)(d) — Leviability of Service Tax Read More »
Principles clarified relating to approach to be adopted for determination of normal price and determination of applicability of R. 6(b)(i) or (ii) of the 1975 Rules. Held, Having considered the records and the submissions of the parties, this Court is of the opinion that the impugned order cannot be faulted. This Court in its judgment
The heinous nature of crime like that of present one, in brutal rape and murder of a seven-year-old girl child, definitely discloses aggravating circumstances, particularly when the manner of its commission shows depravity and shocks the conscience. But at the same time, it is noticeable that the appellant has no criminal antecedents, comes from a
Penal Code, 1860 — Ss. 302, 376 & 201 — Brutal rape and murder of minor — Death sentence Read More »
Normal rule is that such subsequent sentence shall run consecutively. However, court has discretion under S. 427(1) to direct that subsequent sentence shall run concurrently. Held, Section 427 provides that when a person already undergoing a sentence of imprisonment is sentenced on a subsequent conviction to imprisonment or imprisonment for life, such imprisonment or imprisonment for
Criminal Procedure Code, 1973 — S. 427 — Consecutive or concurrent running of sentences Read More »
Principles summarized relating to parameters for summoning of additional accused under this section. The parameters on which additional accused could be summoned in an application filed under Section 319 CrPC are well settled in the case of Hardeep Singh and Ors.’s case (supra) which are as under: “105. Power u/s 319 CrPC is a discretionary
Criminal Procedure Code, 1973 — S. 319 — Summoning of additional accused Read More »
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