Judgments related to section 23 Criminal Law (Amendment) Act 2013
Ag Vs. Shiv Kumar Yadav and Anr.
..... defend the case of such an under trial as per the new scheme and design in accordance with his acumen and legal expertise. 23. the high court made a reference to he criminal law amendment act, 2013 providing for trial relating to offences under section 376 and other specified offences being completed within two months from the date of filing of the charge sheet. reference has also ..... reasons for the same in the case diary and hand over a copy of the same to the magistrate. 10.5. medical examination of the victim: section 164-a crpc inserted by act 25 of 2005 in crpc imposes an obligation on the part of investigating officer to get the victim of the rape immediately medically examined. a copy of the report of such ..... be impermissible, it was observed : 13. .. in order to appreciate the stand of the appellant it will be worthwhile to refer to section311 crpc, as well as section 138 of the evidence act. the same are extracted hereunder: section 311, code of criminalprocedure 311. power to summon material witness, or examine person present. any court may, at any stage of any inquiry, trial or ..... have a fast-track procedure for dealing with cases of rape and gang rape lodged under section 376 ipc with the result that such heinous offences are repeated incessantly.4. we are of the considered opinion that there is pressing need to introduce drastic amendments to crpc in the nature of fast-track procedure for fast track courts and here is an occasion .....
Shimbhu and anr. Vs. State of Haryana
..... to be a ground for the court to exercise the discretionary power under the proviso of section 376(2) of ipc. 23) it is imperative to mention that the legislature through the criminal law (amendment) act, 2013 has deleted this proviso in the wake of increasing crimes against women. though, the said amendment will not come in the way of exercising discretion in this case, on perusal of ..... years, the same cannot be reduced to the period already undergone merely because the victim has entered into a settlement with the accused. he also brought to our notice the criminal law (amendment) act, 2013, which not only deleted the proviso which enables the court to reduce the minimum sentence by giving adequate and special reasons but also enhanced the minimum sentence to twenty years ..... status of the victim or the accused. it must depend upon the conduct of the accused, the state and age of the sexually assaulted female and the gravity of the criminal act. crimes of violence upon women need to be severely dealt with. socio-economic status religion race caste or creed of the accused or the victim are irrelevant considerations in sentencing ..... let us consider the relevant provision, as it stood on the date of the incident, and various decisions of this court. sentencing policy under section 376(2)(g) of ipc:9. the crucial stage in everycriminal proceeding is the stage of sentencing. it is the most complex and difficult stage in the judicial process. the indian legal system confers ample discretion .....
Jitender Singh Vs. State and anr.
..... a ground for the court to exercise the discretionary power under the proviso of section 376(2) of indian penal code.23. it is imperative to mention that the legislature through the criminal law (amendment) act, 2013 has deleted this proviso in the wake of increasing crimes against women. though, the said amendment will not come in the way of exercising discretion in this case, on ..... kya kar rahe ho?, but without saying anything he forcibly did galat kaam? with her. she requested for legal action against her brother-in-law jitender.5. during investigation, statement of respondentno.2 under section 164 crpc was recorded. however, during investigation of this case, she again filed an application for re-recording of her statement but the request was declined ..... by the respondentno.2 but at the same time, it cannot be ignored that her statement under section164 crpc has also been recorded during investigation. it may be apposite to quote the observation of apex court in shimbhu & anr. v. state of haryana 2013 (10) scale595wherein the issue involved was whether the high court of punjab & haryana was justified in ..... taking recourse to section 376(2) ipc to impose the sentence less than the prescribed minimum. while summarising the law .....
Shiva and Another Vs. State of M.P.
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