24 June 2019


Search Results for Tag : Sentence

Judgments

Juvenile at time of offence exempt from sentence(07.08.2015)

The Supreme Court released a person imprisoned for 10 years, after he was declared a juvenile at the time of the offence. The Petitioner had failed to.....

Tags : juvenile, exempt, sentence

read»



Court is within powers to direct that subsequent sentence shall run concurrently with previous sentence(03.10.2016)

Appellant was involved in committing thefts was charged of having committed offences on different occasions and was separately tried for offences puni.....

Tags : Conviction, Sentences, Quantum

read»



Multiple life imprisonment sentences to not run consecutively(01.01.1900)

A constitution bench of the Supreme Court held that though multiple sentences for life imprisonment can be awarded for multiple crimes, the same canno.....

Tags : murder, sentence, life imprisonment, consecutive

read»



Subsequent sentence can be directed to run concurrently with previous one in a case where prosecution is based on single transaction, even if, different complaints in relation thereto have been filed(28.10.2016)

Instant appeals called in question judgment passed by High Court of Delhi in Criminal Revision Petition, sustaining conviction of Appellant under Sect.....

Tags : Discretion, Sentence, Concurrent

read»



Intent and knowledge is must for crime to fall under Section 304 Part I of Indian Penal Code(14.02.2017)

In present case, Trial Court observed that, Appellants acted with common intention to commit murder of deceased and found that, prosecution has proved.....

Tags : Conviction, Sentence, modification

read»



Accused committed murder of pregnant daughter sentenced to undergo imprisonment for life(28.02.2017)

Instant criminal appeal arises from judgment and final order passed by High Court of Karnataka wherein High Court has set aside order of acquittal pas.....

Tags : Sentence, Reduction, Validity

read»



Social interest and conscience of the society is to be kept in mind while exercising the discretion pertaining to awarding of sentence(27.02.2017)

In present case, on basis of statement of injured, an FIR under Sections 448 and 307 of Indian Penal Code, 1860 (IPC) was registered at police station.....

Tags : Conviction, Sentence, Quantum

read»



Burden is on accused to prove facts which is within his knowledge(06.07.2017)

Appellant in present appeal is sole accused in Sessions Case, on file of Sessions Judge. He stood charged for an offence under Section 302 of Indian P.....

Tags : Conviction, Sentence, Validity

read»



Substantive sentences imposed upon Appellant in three separate prosecutions, are to run concurrently(11.07.2017)

In facts of present case, Appellant was a Peon in office of Sub Registrar, Vazhoor. He was alleged to have misappropriated Rs. 92,225/- from public fu.....

Tags : Sentence, Imposition, Validity

read»



Apology offered at time when the contemnor finds that Court is about to impose punishment, is no apology(19.12.2016)

In instant contempt appeal, Appellants are aggrieved by order passed by Single Judge holding them guilty of contempt of court and sentencing them to s.....

Tags : Contempt, Guilty, Sentence

read»



Gravity of crime, motive for crime, nature of crime and all other attending circumstances have to be borne in mind while imposing sentence(01.08.2018)

Judgment passed by the High Court of Judicature at Rajasthan is questioned in present appeal by the State with the prayer for enhancement of sentence......

Tags : Sentence, Reduction, Legality

read»



Under trial prisoners who have completed half of maximum sentence prescribed for offence for which they were arrested, not be detained in jail(26.10.2018)

The Petitioner/Appellant has filed the instant application seeking suspension of sentence and for grant of bail in case in which he stands convicted v.....

Tags : Sentence, Suspension, Grant

read»



Waiver of imprisonment in lieu of payment of additional compensation is permissible, though under exceptional circumstances(10.10.2018)

In present matter, the original complainant instituted a complaint under Section 138 of the Negotiable Instruments Act, 1881 ('Act') against the Petit.....

Tags : Liability, Discharge, Sentence, Legality

read»



Court is empowered to impose imprisonment of less than one year, if some special reasons in favour of Accused are made out(05.02.2019)

The Appellant was working as "Kanoongo/Patwari" was prosecuted for commission of the offences punishable under Section 5(2) of the Prevention of Corru.....

Tags : Sentence, Modification, Special reasons

read»



When provocation was voluntary on part of offender, benefit of Exception I to Section 300 of IPC cannot be given(11.02.2019)

The Respondent was convicted under Section 302 of the Indian Penal Code, 1860 (IPC) and sentenced to undergo life imprisonment by the Trial Court. The.....

Tags : Sentence, Conversion, Legality

read»



Imposition of appropriate sentence must commensurate with nature and gravity of crime and manner in which crime is done(20.02.2019)

In present appeal, the Appellant-Accused has called in question the judgment and order whereby, Madras High Court while dismissing criminal revision p.....

Tags : Conviction, Sentence, Legality

read»



Benefit of doubt given to an Accused must always be reasonable and not fanciful(12.03.2019)

In present matter, the First Additional Sessions Judge, vide judgment convicted the Accused/Appellant for the offences punishable under Sections 363, .....

Tags : Conviction, Sentence, Validity

read»



Benefit of Exception 4 to Section 300 of IPC is available only when act is committed without premeditation in a sudden fight in heat of passion(15.03.2019)

Present appeal arises out of the judgment passed by the High Court by which the High Court affirmed the conviction of the Appellant under Section 302 .....

Tags : Conviction, Sentence, Legality

read»



Nature of weapon used and vital part of body where blow was struck are sufficient to prove intention of Accused to cause death(10.04.2019)

Present appeal arises from the judgment and Order of a Division Bench of the High Court passed in Criminal Appeal. The High Court, while allowing the .....

Tags : Conviction, Sentence, Conversion, Validity

read»



High Court can exercise its revisional jurisdiction to enhance sentence but it is imperative to notify the convict(22.04.2019)

Present appeal has been filed by the Appellant against the judgment of High Court dismissing Criminal Appeal filed by the Appellant questioning the or.....

Tags : Sentence, Enhancement, Validity

read»



Accused can be held guilty for offence of murder even on a single blow on vital part of victim’s body causing his death(31.05.2019)

Present appeal is against impugned judgment passed by the High Court whereby the High Court has partly allowed the said appeal preferred by the origin.....

Tags : Sentence, Alteration, Legality

read»



Notifications & Circulars

Accession to the Council of Europe Convention on Transfer of Sentenced Persons(05.11.2015)

The Union Cabinet has approved formally requesting the Council of Europe for India’s accession to the ‘Council of Europe Convention on the Transfer of.....

Tags : Europe, convention, sentenced prisoners, transfer, accession

read»



News

Bombay HC Upholds Life Sentence to Vehicle Thief Who Killed Constable(05.02.2016)

Bombay HC, while observing that no exception can be made and conviction cannot be altered with lesser punishment, has upheld life sentence handed down.....

Tags : Bombay HC, Life Sentence

read»



SC Refuses Petition Seeking Abolition of Death Sentence(15.03.2016)

SC has refused to re-examine Constitutional validity of death sentence in light of evolving jurisprudence across world to do away with extreme punishm.....

Tags : SC, Death Sentence

read»



Bombay High Court Upholds Life Sentence on Alcoholic for Killing Mother(03.08.2015)

Bombay High Court has upheld the life sentence awarded to a man for killing his mother by setting her on fire after she refused to give him money to b.....

Tags : Bombay High Court, Life Sentence, Alcoholic

read»



Madras High Court Denies Suspension of Life Sentence(07.08.2015)

Madras High Court Bench at Madurai has denied suspension of life sentence imposed on a 25-year-old accused, charged of trespassing and murder of dec.....

Tags : Madras High Court, Life Sentence

read»



Punjab and Haryana HC Criticises Lower Court For Awarding Lesser Sentence in Rape Case(14.08.2015)

Punjab and Haryana HC has criticised local court for convicting rape accused under wrong Section of Indian Penal Code, resulting in a milder sentence.....

Tags : Punjab and Haryana HC,Lesser Sentence in Rape Case

read»



Bombay High Court Confirms Life Sentence of Accused Who Killed His Grandmother(18.08.2015)

Bombay High Court has confirmed life sentence of a 34-year-old man charged with murdering his 85-year-old grandmother because he did not want to look .....

Tags : Bombay High Court,Confirms Life Sentence

read»



Bombay High Court Confirms Life Sentence of Man for Killing Pregnant Wife(19.08.2015)

Bombay High Court has confirmed life sentence awarded to a man for killing his pregnant wife by setting her afire for not meeting his dowry demands.

Tags : Bombay High Court,confirmed life sentence

read»



Bombay High Court Confirms Rapist's Sentence, 23 Years After the Incident(28.09.2015)

Bombay High Court has confirmed seven-year sentence to a man for raping a relative, almost 23 years after incident took place.

Tags : Bombay High Court,Rapist's Sentence

read»



Bombay HC Refuses Temporary Suspension of Sentence on Medical Grounds to Murder Convict(17.10.2016)

Bombay High Court has refused to grant a temporary suspension of sentence on medical grounds to a woman convicted of murder.

Tags : Bombay High Court, suspension of sentence

read»



Supreme Court Stays Execution of Death Sentence of Two Men(19.10.2016)

Supreme Court has stayed hanging of two men convicted of kidnapping and killing 16-year-old son of a Hoshiarpur based Goldsmith in 2005.

Tags : Supreme Court, Death Sentence

read»



Karnataka HC Stays Execution of Death Sentence of Convict in Rape & Murder Case(20.10.2016)

Karnataka High Court has stayed execution of Umesh Reddy, who was sentenced to death in a rape and murder case, till Court adjudicates his plea for co.....

Tags : Karnataka High Court, Umesh Reddy, Death Sentence

read»



Madras HC Sets Aside Life Sentence of Chennai-based Vegetable Vendor(07.11.2016)

Madras High Court has set aside conviction and life sentence imposed on a Chennai-based vegetable vendor for charge of poisoning to death a 27-year-ol.....

Tags : Madras High Court, vegetable vendor, life sentence

read»



Supreme Court: Life Sentence Means Imprisonment Till End of Life(28.12.2016)

Supreme Court has refused to dilute its zealously adhered principle, ‘life sentence means imprisonment till the end of life’, and rejected a plea for .....

Tags : Supreme Court, Life Sentence, Imprisonment

read»



P&H HC Confirms Death Sentence Imposed on Haryana Women & Her Lover For Murdering 7 Members of Family(19.07.2018)

Punjab and Haryana High Court has confirmed death sentence awarded to a Haryana woman and her boyfriend for poisoning and strangulating seven members .....

Tags : Punjab and Haryana High Court, Death Sentence

read»



Death Sentence a Measure of Social Necessity for Deterring Other Potential Offenders: MP HC(11.05.2018)

Madhya Pradesh High Court has observed that it considers death sentence as a measure of social necessity and also a mean of deterring other potential .....

Tags : Madhya Pradesh High Court, Death Sentence

read»



CRIMINAL - Death Sentence Only When Life Term is Inadequate: SC(13.03.2019)

Supreme Court, while commuting death sentence awarded to a man convicted for rape and murder of a five year old girl, has observed that death sentence.....

Tags : Supreme Court, Life Imprisonment, Death Sentence

read»



CRIMINAL - Sessions Court can't Award Sentence Between 'Life Imprisonment' & 'Death Sentence': Karnataka HC(29.03.2019)

Karnataka High Court has held that a Sessions Court can only award either life imprisonment or death sentence in a murder case, and has no power to in.....

Tags : Karnataka High Court, Life Imprisonment, Death Sentence

read»



CRIMINAL - Sessions Court can't Award Sentence Between 'Life Imprisonment' & 'Death Sentence': Karnataka HC(29.03.2019)

Karnataka High Court has held that a Sessions Court can only award either life imprisonment or death sentence in a murder case, and has no power to in.....

Tags : Karnataka High Court, Life Imprisonment, Death Sentence

read»



Post Conviction Mental Illness is Mitigating Factor to Commute Death Sentence: SC(16.04.2019)

Supreme Court has held that post conviction mental illness will be a mitigating factor while considering appeals of death convicts and commuted death .....

Tags : Supreme Court, Death Sentence

read»



Pre-Sentence Hearing on Separate Date Not Mandatory: SC(17.04.2019)

Supreme Court has observed that there is no bar on pre-sentencing hearing taking place on same day after passing judgment of conviction, if accused an.....

Tags : Supreme Court, Pre-Sentence Hearing

read»



Magistrate Shall Specify Whether Sentences Would Run Concurrently or Consecutively in Order: SC(18.02.2019)

Supreme Court has held that it is a mandatory legal requirement to specify whether sentences awarded to an accused convicted for two or more offences,.....

Tags : Supreme Court, Sentences Would Run Concurrently Or Consecutively

read»



Delhi High Court: Imposing Inadequate Sentence Harms Justice System(13.06.2017)

Delhi High Court has refused to reduce sentence awarded to a 45 year old man convicted for raping and attempting to murder his ex-employer’s daughter-.....

Tags : Delhi High Court, Inadequate Sentence

read»



Death Sentence Only When Alternative Option is Unquestionably Foreclosed: SC(28.01.2019)

Supreme Court has commuted death penalty to a man accused of rape and murder of a nine year old girl and observed that even though manner of commissio.....

Tags : Supreme Court, Death Sentence

read»



Madhya Pradesh High Court Sentences Death Penalty in Yet Another Child-Rape Case(29.10.2018)

Madhya Pradesh High Court has yet again commuted the death sentence in a rape case, this time to a man accused of raping a five-year-old.

Tags : Madhya Pradesh High Court, Death Sentence

read»



Bombay High Court Upholds Death for Man Who Raped, Killed Software Engineer(21.12.2018)

Bombay High Court has confirmed the death sentence given to Chandrabhan Sanap for the brutal rape and murder of a 23-year-old software engineer in Jan.....

Tags : Bombay High Court, Software Engineer, Death Sentence

read»



Delhi Court Awards First Death Sentence in 1984 Anti-Sikh Riots Case(21.11.2018)

A Delhi court has awarded death sentence to convict Yashpal Singh and ordered life imprisonment to Naresh Sherawat, for killing two men during 1984 an.....

Tags : Death Sentence, 1984 Anti Sikh Riots

read»



SLP Against Death Sentence Not to be Dismissed Without Giving Reasons: SC(23.11.2018)

Supreme Court has held that Special Leave Petitions filed in those cases where death sentence is awarded by the courts below, should not be dismissed .....

Tags : Supreme Court, Special Leave Petition, SLP Against Death Sentence, Death Sentence

read»



Psychological Evaluation of Criminal to be Done Before Awarding Death Sentence: SC(30.11.2018)

Supreme Court has held that, before awarding death sentence, a proper psychological/psychiatric evaluation is to be done by courts to assess probabili.....

Tags : Supreme Court, Psychological Evaluation of Criminal, Death Sentence

read»



International Cases

A Court must not impose a term of immediate imprisonment unless satisfied in view of sentencing principles(14.11.2018)

Present is an appeal against sentence. The Appellant was charged on indictment with three offences. There are three grounds of appeal. Ground 1 alleg.....

Tags : Sentence, Quantum, Legality

read»



Mere fact that a sentence is outside the range does not necessarily establish that exercise of sentencing discretion in particular case miscarried(09.08.2018)

Present is an appeal against sentence. The Appellant was convicted, on his plea of guilty, on a single count in an indictment which alleged that, on 1.....

Tags : Conviction, Sentence, Quantum

read»



Where an Appellate Court concludes that, sentencing judge's discretion miscarried in respect of one component of a sentence, whole of sentence imposed by sentencing judge may be set aside(21.08.2018)

Present is an appeal against sentence. The Appellant alleged that a miscarriage of justice had occurred because at the sentencing hearing the prosecut.....

Tags : Charges, Sentence, Accuracy

read»



Sentencing is a discretionary exercise, an Appellate Court can intervene only if Appellant demonstrates either an express or implied material error(19.09.2018)

The Appellant appeals against his sentence of 4 years' immediate imprisonment imposed on his conviction, on his pleas of guilty, to one count of posse.....

Tags : Conviction, Sentence, Validity

read»



A Court may impose one penalty in respect of multiple federal offences that are joined in same information, complaint or summons(02.10.2018)

On 8 September 2016, the Appellant was convicted in the Magistrates Court for importing prohibited imports, namely 'ice pipes'. The ice pipes were imp.....

Tags : Sentence, Quantum, Validity

read»



An appeal to present Court is not an opportunity to revisit question of appropriate sentence(07.12.2018)

The Appellant pleaded guilty to three offences. He was sentenced to 7 years' imprisonment on count 1, attempting to possess methylamphetamine with int.....

Tags : Conviction, Sentence, Validity

read»



A pre-sentence order cannot be made if, at the time it is made, a sentence of immediate imprisonment is the only appropriate sentencing option(22.01.2019)

Present is a State appeal against the imposition of a pre-sentence order. The appeal is brought pursuant to Section 24(1)(a) of the Criminal Appeals A.....

Tags : Pre-sentence order, Imposition, Validity

read»



Sentencer need to observe a degree of flexibility rather than adopting a mechanistic type of approach while imposing sentence(03.04.2019)

This judgment deals with an application for leave to appeal by Nathan Finn, currently in custody in Hydebank Young Offenders Centre, against a determi.....

Tags : Sentence, Quantum, Justice

read»



Court will not interfere with sentence imposed unless it is satisfied that, the sentence has been vitiated by a material misdirection or is disturbingly inappropriate(01.04.2019)

Present appeal arises from a tragic incident which occurred on 10 July 2009 at the offices of the detective branch at Esikhawini, when Bongani Cebekhu.....

Tags : Conviction, Sentence, Legality

read»



Discretion to suspend a term of imprisonment is not confined by considerations relating to rehabilitation and mercy(10.04.2019)

The Appellant was convicted after trial on charge of unlawfully assaulting a member of the crew of an aircraft so as to interfere with the performance.....

Tags : Conviction, Sentence, Legality

read»



In deciding an appeal, Court may set aside or vary the decision of the Court of Summary Jurisdiction and the sentence imposed(22.03.2019)

The Appellant pleaded guilty in the Magistrate's Court to four charges of trespass and two charges of possessing drug paraphernalia in which there wer.....

Tags : Sentence, Imposition, Legality

read»



Sentencing is a discretionary exercise; an Appellate Court can intervene, only if, Appellant demonstrates either an express or implied material error(02.05.2018)

The Appellant was convicted after trial of being in possession of a prohibited drug, namely methylamphetamine, with intent to sell or supply it to ano.....

Tags : Offence, Knowledge, Sentence, Quantum

read»



Fact that, an error has been made in sentencing does not automatically mean that sentencing discretion should be exercised afresh(30.05.2018)

The Appellant appealed from the sentences imposed for the burglary, trespass and breach of bail offences. Sole ground of appeal was that, the learned .....

Tags : Sentence, Imposition, Validity

read»



Sentencing is a discretionary exercise. An Appellate Court can intervene, only if, Appellant demonstrates either an express or implied error(27.06.2018)

The Appellant seeks an extension of time within which to appeal and leave to appeal a total sentence of 22 months immediate imprisonment imposed by a .....

Tags : Conviction, Sentence, Validity

read»



Appellate Court must not substitute its own opinion for that of sentencing magistrate merely because it has exercised its sentencing discretion in a manner different from sentencing magistrate(26.07.2018)

Mr Sevim was charged with one offence of indecent assault contrary to Section 323 of the Criminal Code (WA). Mr Sevim pleaded guilty on the first day .....

Tags : Sexual offending, Sentence, Excessive

read»



Difference of treatment is inherent in change in law, if it were to be objectionable discrimination, it would be impossible to change law(14.12.2016)

Appellant sentenced in the Crown Court for offences of serious violence. At the time, when Appellant was sentenced, the statutory scheme for sentencin.....

Tags : Sentence, Validity, Change in law, Applicability

read»



Imposition of a sentence other than life imprisonment for the offence of murder will be an exceptional course(01.09.2017)

The Appellant was convicted after trial of murdering the deceased, who was her former partner, on 13 June 2015. She was sentenced to life imprisonment.....

Tags : Conviction, Sentence, Legality

read»



An Appellate Court can only intervene if the Appellant demonstrates either an express or implied material error(22.09.2017)

Present is an appeal against sentence. The Appellant and two others, Aaron Clifford Pierotti and Rhannan Ngaire Martinac, were charged that on 21st Fe.....

Tags : Sentence, Quantum, Legality

read»



Where offences occur on separate occasions and involve separate transactions, cumulative sentences will generally be called for unless the totality principle requires another approach(12.12.2017)

In instant case, the Appellant was sentenced in the Fremantle Magistrates Court to a total effective sentence of 4 years' imprisonment in respect of 4.....

Tags : Conviction, Sentence, Validity

read»



Offence of aggravated burglary attracts a term of immediate imprisonment(04.04.2018)

The Appellant appeals against the suspended term of imprisonment imposed upon him on his conviction, following his plea of guilty, of an offence of ag.....

Tags : Home burglary, Sentence, Validity

read»



Power of Court to indicate provisional measures will be exercised only if there is urgency, that, irreparable prejudice will be caused to rights in dispute before Court gives its final decision(18.05.2017)

In facts of present case, On 8th May, 2017, Government of Republic of India filed in Registry of Court an Application instituting proceedings against .....

Tags : Consular access, Death sentence, Provisional measure, Stay

read»



Where, there is challenge on totality grounds, severity of sentence imposed on individual count to be assessed in light of its contribution to total effective sentence(08.12.2016)

Appellant appeals against his conviction on the grounds that a miscarriage of justice occurred due to the appellant wrongly pleading guilty. Appellant.....

Tags : Conviction, Sentence, Totality principle

read»



Mere fact that sentence is within range of other sentences imposed for similar offences not necessarily establish that there was appropriate exercise of sentencing discretion(31.08.2016)

Respondent was convicted, on pleas of guilty before Staude DCJ. Sentencing judge imposed a total effective sentence of 2 years 2 months' immediate imp.....

Tags : Discretion, Sentence, Inadequacy

read»