Tag: Sentencing

How a Medical “Margin of Error” Freed a Convict: A Supreme Court Case Study
16Jan By The Legal ChamberNo Comments
Supreme Court

How a Medical “Margin of Error” Freed a Convict: A Supreme Court Case Study

The Supreme Court applied the legal principle from Jaya Mala that medical ossification tests for age determination carry a margin of error of ±2 years. Granting this benefit, one appellant was declared a juvenile at the time of offence and released. For other aged convicts, the Court exercised its sentencing power under Article 142 to commute life imprisonment to a fixed 14-year term, considering the case's 35-year pendency. Facts Of The Case: The case originates from an incident dated August 30, 1988, where eight accused persons were tried for offenses including murder (Sections 302/149 IPC) and voluntarily causing hurt (Sections 323/149 IPC). The Trial Court convicted all eight and sentenced them to rigorous imprisonment for life. Their appeal to the High Court was dismisse...
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Supreme Court Rules on Vicarious Liability in Group Assault Case
13Jan By The Legal ChamberNo Comments
Supreme Court

Supreme Court Rules on Vicarious Liability in Group Assault Case

In this Supreme Court judgement, the Supreme Court affirmed the conviction of appellants under Sections 302 and 307 read with Section 149 IPC. The Court clarified that vicarious liability under Section 149 applies when a member of an unlawful assembly shares its common object, irrespective of direct commission of the fatal act. It upheld that active facilitation and participation in a coordinated attack establishes guilt. Facts Of The Case: On April 27, 1999, Ankush Gholap and others were returning from Bhor in a jeep when they were intercepted by six accused persons on two motorcycles. The accused, armed with weapons like knives and a sattur, stopped the jeep near Navi Ali. Accused no. 3 removed the jeep's keys and assaulted the driver, while the others dragged Ankush and two other occu...
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Supreme Court Denies Reduction in Jail Term for Man Who Killed Peacemaker in Family Feud
2Jan By The Legal ChamberNo Comments
Supreme Court

Supreme Court Denies Reduction in Jail Term for Man Who Killed Peacemaker in Family Feud

In this appeal against sentence under Section 304 Part-II IPC, the Supreme Court refused to reduce the 8-year rigorous imprisonment. The Court held that sentencing must balance proportionality and societal interests, and undue leniency undermines justice. The appellant’s act of using an axe on the victim’s neck demonstrated the requisite knowledge for the offense. Facts Of The Case: The case arose from a familial dispute involving allegations of rape. The appellant, Kotresh, was aggrieved as his cousin (‘C’) was allegedly raped by the elder brother (‘V’) of the eventual victim, ‘S’. This led to demands for marriage between C and V. A day before the incident, a meeting to resolve the issue failed. The next day, the appellant and other family members confronted V’s family, leading to a s...
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Supreme Court :Why Consent Doesn’t Matter If Victim Is Under 16
28Dec By The Legal ChamberNo Comments
Supreme Court

Supreme Court :Why Consent Doesn’t Matter If Victim Is Under 16

The Supreme Court upheld the conviction under Sections 363, 366, 376, and 377 IPC, emphasizing that the testimony of a minor victim can be relied upon as a "sterling witness." It held that even if medical evidence is not conclusive, it does not rule out the offence, and consent is immaterial when the victim is below 16 years of age. Facts Of The Case: The case originated from an FIR registered in February 2007 against the appellant, Varun Kumar, for offences including kidnapping and rape under the IPC. The prosecution alleged that the appellant, along with a co-accused, abducted a minor girl aged about 15 years. The victim's testimony detailed that she was taken to Una and subsequently to a relative's house, where the appellant subjected her to forcible sexual and unnatural intercourse o...
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Supreme Court Rules on Remission: “Family Prestige” Murder Qualifies for Early Release After 22 Years
29Nov By The Legal ChamberNo Comments
Supreme Court

Supreme Court Rules on Remission: “Family Prestige” Murder Qualifies for Early Release After 22 Years

The Supreme Court allowed a life convict's appeal for premature release, interpreting the 2010 remission guidelines. The Court held the offence, motivated by perceived family prestige, fell under Category 3(b) requiring 22 years of incarceration, not Category 4(d) requiring 24 years, and ordered the appellant's immediate release. Facts Of The Case: The appellant, Anilkumar, along with a co-accused, was convicted for the premeditated murder of a man and the attempted murder of his friend. The prosecution's case was that the attack was motivated by the fact that the deceased was in a romantic relationship with the appellant's sister. The appellant perceived this relationship as spoiling his sister's life and tarnishing the family's prestige. Following his conviction, the appellant wa...
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Supreme Court Rules :Procedural Lapses Can’t Be A Safe Haven For Rapists
6Oct By The Legal ChamberNo Comments
Supreme Court

Supreme Court Rules :Procedural Lapses Can’t Be A Safe Haven For Rapists

The Supreme Court held that procedural irregularities, such as defective charge framing or improper joint trial under Section 223 CrPC, do not automatically vitiate the proceedings unless a failure of justice is proven. The Court emphasized that minor inconsistencies and procedural lapses should not be elevated to the level of reasonable doubt to acquit an accused, especially in heinous offences, if the core prosecution evidence remains credible and consistent. The conviction was restored as no prejudice was established. Facts Of The Case: In 2016, a few months after the Holi festival, the appellant's minor daughter began experiencing health issues. Her deteriorating condition led her mother to take her to a hospital in Ballia, Uttar Pradesh, for treatment. On July 1, 2016, a medic...
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Supreme Court Upholds Rape Conviction, Rules Victim’s Testimony Alone Is Enough
5Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Upholds Rape Conviction, Rules Victim’s Testimony Alone Is Enough

The Supreme Court upheld that a rape conviction can be based solely on the sole, credible testimony of the prosecutrix. Corroboration through medical evidence is not a legal necessity. The absence of injuries does not disprove the offense, especially when the victim's account is consistent and inspires confidence. Facts Of The Case: On April 3, 2018, at approximately noon, a 15-year-old victim and her 11-year-old brother were alone at their home in Rajnandgaon, Chhattisgarh, as their parents had gone to a nearby village to attend a funeral. The appellant-accused, Deepak Kumar Sahu, who was known to the family and lived in the neighbourhood, entered the house. Finding the victim alone, he sent her younger brother away to buy chewing tobacco. Once the brother left, the accused forced the v...
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Betrayal of Trust is Demonic: Supreme Court’s Powerful Stand on Incest & POCSO Act Upholds Life Term for Father Who Raped Minor Daughter
29Aug By The Legal ChamberNo Comments
Supreme Court

Betrayal of Trust is Demonic: Supreme Court’s Powerful Stand on Incest & POCSO Act Upholds Life Term for Father Who Raped Minor Daughter

The Supreme Court upheld the conviction under POCSO Act Section 6 and IPC Section 506, affirming the statutory presumption of guilt under Section 29. It emphasized that a child victim's credible testimony requires no corroboration and denied bail, highlighting the severity of familial sexual abuse and the imperative for stringent punishment. Facts Of The Case: The case involved the appellant, Bhanei Prasad @ Raju, who was convicted for repeatedly committing aggravated penetrative sexual assault on his own minor daughter. The victim was approximately ten years old at the time of the incidents, which were not isolated but constituted sustained assaults within the family home. The prosecution case was built primarily on the unwavering and credible oral testimony of the victim (PW-3), ...
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Supreme Court Reduces Life Term in POCSO Case, Cites Constitutional Protection Against Harsher Retroactive Penalties
23Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Reduces Life Term in POCSO Case, Cites Constitutional Protection Against Harsher Retroactive Penalties

The Supreme Court upheld the conviction under Section 6 of the POCSO Act but modified the sentence. Relying on Article 20(1) of the Constitution, it held that the enhanced punishment of imprisonment for the remainder of natural life, introduced by the 2019 amendment, could not be applied retrospectively to an offence committed prior to its enactment. Facts Of The Case: On May 20, 2019, the appellant, Saturam Mandavi, was accused of luring a five-year-old girl to his house and raping her while her parents were away attending a marriage ceremony in the village. The victim's mother, upon returning and being unable to locate her daughter, confronted the appellant at his house, after which he fled. An FIR was subsequently registered against him. The Trial Court convicted the appellant under S...
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