Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Sentence/Sentencing - Conviction of the appel/ants- accused u/ss.304-A/3371338 rlw. s.36 /PC and uls.14 of Cinematograph Act 1952 -Accused sentenced to one year imprisonment- Division Bench of Supreme Court confirmed their conviction - But there was difference of opinion on the question of sentence - Matter referred to larger Bench to determi~e the question of sentence - |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Sentence/Sentencing - Conviction of the appellants-accused u/s s.304-A/3371338 rlw. s.36 /PC and uls.14 ofCinematograph Act, 1952 -Accused sentenced to one yearimprisonment- Division Bench of Supreme Court confirmedtheir conviction - But there was difference of opinion on thequestion of sentence - Matter referred to larger Bench todetermine the question of sentence - Held: Maximumsentence for such offence is imprisonment of two years - Inthe facts and circumstances of the case, the sentence needsto be enhanced to its maximum - But the ends of justicewould be met if in lieu of the enhanced period of sentence ofone year; substantial amount of fine is imposed, which canbe used for setting up/upgrading a Trauma Centre in Delhi -Hence, accused Nos. 1 and 2 are directed to pay a fine ofRs. 30 crores each, within a period of 3 months from the dateof judgment - If the fine is paid, their sentence would bereduced to the period already undergone - On default to payfine, have to undergo 2 years RI - In the peculiar facts andcircumstances of the case, sentence of accused No. 15 isreduced to the period already undergone on payment of fineof Rs. 10 lakhs- On default, to undergo sentence of one year- Penal Code, 1860 - ss.304-A, 337, 338 rlw. s.36 -Cinematograph Act, 1952 - s. 14. |
Judge | Hon'ble Mr. Justice Anil R. Dave |
Neutral Citation | 2014 INSC 168 |
Petitioner | Sushil Ansal |
Respondent | State Through Cbi |
SCR | [2015] 9 S.C.R. 552 |
Judgement Date | 2015-09-22 |
Case Number | 597 |
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