Back
BECHU KURIAN THOMAS
Sayed Mohammed Noorul Ameer, S/o. Pookoya Thangal – Appellant
Versus
U. T. Administration of Lakshadweep, Represented by the its Standing Counsel – Respondent
ORDER :
Petitioners are the accused in S.C. No.1 of 2017 on the files of the Sessions Court, Kavarthi, Union Territory of Lakshadweep. By judgment dated 11-01-2023, they have been found guilty for the offences under sections 143, 147, 148, 448, 427, 324, 342, 307 and 506 r/w section 149 of the Indian Penal Code, 1860 and have been sentenced to undergo rigorous imprisonment for periods ranging from 1 month to 10 years. The sentence of 10 years imprisonment is imposed for the offence under section 307 read with section 149 of the IPC. Petitioners pray that the conviction and sentence imposed against them be suspended pending disposal of the appeal.
2. I have heard Sri. P. Vijayabhanu, learned Senior Counsel and Sri. Sasthamangalam S. Ajithkumar, learned counsel appearing on behalf of petitioners. I have also heard Sri. K.N. Nataraj, the learned Additional Solicitor General of India, apart from Sri. S. Manu, Deputy Solicitor General of India, for the Union Territory of Lakshadweep on behalf of whom, a detailed objection to the application has been filed. I have also heard Adv. Ajit G. Anjarlekar for the defacto complainant. By a separate order of today, I have already admitted the appea
The power to suspend a conviction should be exercised in rare cases only, and disqualification under Section 8 of the Representation of People Act, 1951 is not a sufficient ground for suspension of t....
Suspension of conviction may occur only in exceptional circumstances, particularly when significant injustice would result; the right to contest elections is not fundamental but statutory.
Suspension of conviction and sentence – Court ought to consider application seeking suspension of conviction in its proper perspective covering all aspects bearing in mind relevant judgments rendered....
(1) Stay on conviction – Very notion of irreversible consequences is centered on factors, including individual’s criminal antecedents, gravity of offence, and its wider social impact, while simultane....
The court ruled that a conviction under IPC for less than six months does not disqualify a sitting MLA from contesting elections, emphasizing the need for suspension of conviction in such cases.
The main legal point established in the judgment is that when deciding on the suspension of a conviction, the court should consider irreversible consequences, the individual's criminal antecedents, t....
The prosecution must provide credible and corroborative evidence beyond reasonable doubt for a conviction; mere unverified claims and hostile testimonies are insufficient.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
