Young age, prior romantic relationship, differing statements: Delhi HC grants bail in POCSO case
The Court noted that the applicant and the prosecutrix were in a love relationship for a few months prior to the date of the incident.
mitigating circumstances
Sentencing Must Strike Judicious Balance Between Interests of Victim, Society and Accused; SC Modifies Gang Rape Sentence to 20 Years of Rigorous Imprisonment
Upholding the appellant’s conviction for gang rape, the Court modified the sentence from imprisonment for the remainder of natural life to 20 years’ rigorous imprisonment with the benefit of remission after considering his young age, absence of criminal antecedents, satisfactory conduct in prison and the possibility of reformation.
Pension Withheld Permanently Following Conviction – No Show-Cause Notice, No Opportunity of Being Heard; Rajasthan HC Quashes Unreasoned Order
“Pension is not a bounty but a valuable statutory right earned by an employee after rendering long years of service and any order resulting in deprivation or permanent withholding of pension entails serious civil consequences and requirement of hearing is not an empty ritual but a substantive safeguard to ensure fair exercise of discretion by the authority.”
Supreme Court Flags Systemic Gaps in Death Penalty Sentencing; Mandates Structured Framework for Mitigation Analysis and Legal Aid
The Court observed that the absence of competent and effective prosecution and defence not only undermines the fairness of the process but also increases the risk of a disproportionate, unjust, and uninformed sentencing outcome.
Bombay HC commutes POCSO convict’s life sentence to 12 years; cites his constructive participation in education and Gandhian thoughts
“The accused was only 20 years of age at the time when the offence took place, as reflected in the FIR, and was not released on bail even during Covid-19.”
‘Against speedy trial’s mandate’; Delhi HC grants relief to a 90-year-old man convicted for demanding Rs. 15000 bribe in 1984
The present incident took place on 4-1-1984, and since then the proceedings have been continuing for over four decades, with the trial itself taking nearly 19 years to conclude, and the present appeal remaining pending for more than 22 years.
Accused can’t said to be “brutal” though “barbaric”; MP High Court commutes death sentence to 25 yrs imprisonment in 4-yr-old minor rape case
While the crime was heinous and against a child, the Court noted that although the act was “barbaric”, it could not be termed “brutal” in the sense that it required capital punishment.
SC confirms man’s conviction under S. 498A IPC and S. 4 of DP Act in 19-year-old dowry case; reduces sentence to time served in custody
The Court considered that the complainant-wife had re-married and settled abroad. However, directed for compensation of Rs. 3,00,000/- to the former wife in view of the harassment which she was subjected to.
[POCSO] Uttaranchal HC commutes death sentence to 20 years’ rigorous imprisonment for man who committed rape on his stepsister
The Court opined that the prosecution did not place any material or evidence to conclude that reformation, rehabilitation, and social re-integration of the accused into society was not possible.
‘Male member made scapegoat for mistake of both’; Meghalaya HC upholds conviction under POCSO, mitigates life sentence to 10 yrs imprisonment
“A case involving love affair and unfortunately, the male member was made as a scapegoat to undergo imprisonment for the mistakes committed by the two. It is no doubt true that the offence under POCSO Act, 2012 has been made out to impose punishment on the accused, while the so-called victim girl is leading a happy life.”
Reformative element requires equal attention before imposing fixed term sentence without remission: Supreme Court
The Supreme Court stated that it was imperative to conduct evaluation of mitigating circumstances at the trial stage, in order ‘to avoid slipping into a retributive response to the brutality of the crime’.
Madras High Court reduces sentence of Kattai Raja to imprisonment for life; Case does not fall under the ‘rarest of rare doctrine’
Madras High Court: In a case related to a reference made by the Additional District and Sessions Judge under S.
Psychiatric & Psychological Evaluation of death row convicts| Supreme Court mandates call for mental health report before pronouncing death sentence
“Implicit in this shift is the understanding that the criminal is not a product of only their own decisions, but also a product of the state and society’s failing, which is what entitles the accused to a chance of reformation.”
7-year-old’s “brutal” rape and murder: SC commutes Death sentence; No premature release/remission during 30 years’ LI as “conscience of the society cannot be ignored”
Supreme Court: In a case where a man had brutally raped and murdered a 7-year-old girl, the 3-judge bench of AM Khanwilkar,
Nirbhaya| SC dismisses the curative plea of the fourth Death Row convict
Supreme Court: A five-judge Constitution bench of the Supreme Court today dismissed the curative petition filed by Pawan Kumar Gupta, a death
Nirbhaya Case| Centre’s plea seeking separate execution of death row convicts to be heard on March 5
Supreme Court: The 3-judge bench of R Banumathi, Ashok Bhushan and Navin Sinha, JJ has said that it will hear on March
Nirbhaya Case| SC dismisses Vinay Kumar’s plea against rejection of mercy plea
Supreme Court: A 3-judge bench of R. Banumathi, Ashok Bhushan and AS Bopanna, JJ has dismissed the plea seeking review of the
Nirbhaya Case| Akshay Kumar Singh’s curative petition dismissed by a 5-judge bench
Supreme Court: A 5-judge bench of NV Ramana, Arun Mishra, RF Nariman, R. Banumathi and Ashok Bhushan, JJ has rejected the curative
Nirbhaya Case| SC dismisses Mukesh Kumar’s plea against rejection of mercy plea [Full report]
Supreme Court: Dismissing the petition filed Nirbhaya gang-rape and murder convict Mukesh Kumar Singh, challenging the rejection of his mercy petition by
Nirbhaya Case| Order on death row convict Mukesh Kumar’s petition against rejection of his mercy plea by the President tomorrow
Supreme Court: After a day long hearing in he petition filed Nirbhaya gang-rape and murder convict Mukesh Kumar Singh, challenging the rejection