Friday, January 26, 2024

No accused person is incapable of being reformed- Allahabad High Court

Indian Penal Code, 1860 Section 302 Murder - Allegation - Non fulfilment of additional dowry - Death caused within seven years of marriage in matrimonial home - Appeal against - Conviction - Maintainability - While considering the evidence of witnesses and the Postmortem report states that the injuries on the body of the deceased would be the cause of death - It was homicidal death - Finding on the issue of conviction warrants no interference - Quantum of sentence - Criminal justice jurisprudence adopted in the country is not retributive but reformative and corrective - Undue harshness should also be avoided keeping in view the reformative approach - Facts and circumstances of the case - Criminal jurisprudence in our Country - Reformative and corrective and not retributive - No accused person is incapable of being reformed and therefore, all measures should be applied to give them an opportunity of reformation in order to bring them in the social stream - Findings of facts recorded by Court below not disturbed - Punishment awarded in substituted to 10 years rigorous imprisonment with remission - Fine and default sentence sustained - Appeal partly allowed.

Court Imposes Rs. 10,000/- Cost For Filing Affidavit WithoutDeponent's Signature, DirectsRemoval Of OathCommissioner For Fraud:Allahabad High Court

Allahabad Hon'ble High Court (Case: CRIMINAL MISC. BAIL APPLICATION No. 2835 of 2024) has taken strict action against an Oath Commission...