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Supreme Court of India 2019-02-21 partly_allowed

Nagaraj vs Union of India

Bench: 2 — Abhay Manohar Sapre

In Brief

A bus driver working for the Karnataka State Road Transport Corporation was convicted of breaking a railway crossing gate under Section 160(2) of the Railways Act, 1989, and sentenced to six months' imprisonment. The Supreme Court upheld the conviction, finding it a concurrent finding of fact by three courts that was binding. However, the Court reduced the sentence to what had already been undergone (approximately one month), considering the offence caused only property damage, no human injury, involved no moral turpitude, and was now 13 years old. The Court found the original six-month sentence excessive and disproportionate in these circumstances."]

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Criminal Law Sentencing Railways Act Concurrent Findings of Fact Article 136 Appeal

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