Case study on intellectual property

1. CHAUDHARY CHARAN SINGH UNIVERSITY
PROJECT ON : ECONOMIC LAWS (IPR LAWS)
NAME : KANIKA GOEL
COURSE : B.COM HONOURS
DEPARTMENT : COMMERCE
YEAR : 3RD YEAR (SEMESTER 5
SUBMITTED TO : GYATI GUPTA MA’AM

2. 'MONIRUL MOLLA V. STATE OF WEST BENGAL'
Court: Calcutta High Court
Bench: Justice Joymalya Bagchi, Justice Bivas Pattanayak
Citation: C.R.A. 604 of 2014
Date of Judgment: 6th April, 2022
This Photo by Unknown Author is licensed under CC BY-SA

3. FACTS OF THE CASE : 3
 On 10.11.2011 at 7 a.m. Sanjay, a motive force, have been
known as by way of Monirul Molla. Mondal (P.W. 1), a resident
of a close-by village, used to be there too: Along side his
mom and spouse, he drove to Digha. Mondal, Sanjay
authorized this kind of recommendation. at 7 o’clock He
traveled to Kataliya village and
 Monirul were given into the automobile with a spouse.
Monirul is knowledgeable that his mom is not going to come.
Then again, a girl who used to be known because the spouse
of Monirul were given throughout the automotive. Behind the
car, Monirul and the lady sat in the back of whilst Jiarul used
to be sitting subsequent to Sanjay. They reached Kolaghat
the place they’d dinner and proceeded with the adventure.

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On their method a heated argument came about and when
Sanjay sought after to lift an alarm about the similar he used
to be threatened by way of Jiarul who positioned a gun on
his head and requested him to proceed riding. By some
means Sanjay controlled to go back to the similar position
the place they’d dinner. After attaining where Sanjay began
shouting and the 2 males sitting within the automotive ran
away whilst a lifeless frame of the girl with serious acid
burns used to be recovered from the Scorpio.
 Jiarul Molla used to be indexed as an absconder at the rate
sheet after Monirul Molla used to be detained. Jiarul used to
be then arrested and placed on trial. The appellants have
been accused of violating sections 326/302/34 of the Indian
Penal Code and Phase 25(1A) and (1B) of the Hands Act.

5. They pleaded now not responsible and claimed to be
attempted. During the trial, the prosecution
tested 25 witnesses and exhibited quite a few paperwork. In
conclusion of the trial, the trial Pass judgement on by way of
the impugned judgment and order dated 25.08.2014 and
26.08.2014 convicted and sentenced the appellants, as
aforesaid.
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6. RULES CARRIED OUT
Indian Penal Code 1860
Acts executed by way of a number of individuals in furtherance of not unusual
goal(Phase 34)
When a prison act is completed by way of a number of individuals in
all, every of such individuals is answerable for that act in the similar method
executed by way of him by myself.
The punishments to which offenders are liable beneath the provisions of this
Code(Phase 53) are:
First.—Loss of life;
Secondly.—Imprisonment for existence;
Fourthly.—Imprisonment, which is of 2 descriptions, specifically:—
(1) Rigorous, this is, with arduous labour;
(2) Easy;
Fifthly.—Forfeiture of assets;
Sixthly.—High quality.

7. Punishment for homicide (Phase 302) —Whoever commits homicide will be
punished with loss of life, or imprisonment for existence, and shall even be
at risk of a tremendous.
Voluntarily inflicting grievous harm by way of bad guns or approach(Phase 326) —Whoever, except
for within the case supplied for by way of part 335, voluntarily reasons grievous harm by the use of
any software for taking pictures, stabbing or chopping, or any software which, used as a weapon of
offence, is more likely to purpose loss of life, or by the use of fireplace or any heated substance, or
by the use of any poison or any corrosive substance, or by the use of any explosive substance, or
by the use of any substance which it’s deleterious to the human frame to inhale, to swallow, or to re-
ceive into the blood, or by the use of any animal, will be punished with imprisonment for existence,
or with imprisonment of both description for a time period which might lengthen to 10 years, and
shall even be at risk of tremendous.

8. Hands Act
Punishment for positive offences (Phase 25)
(1A) Whoever acquires, has in his ownership, or carries any prohibited hands or prohibited
ammunition in contravention of part 7 will be punishable with imprisonment for a time period which
shall now not be lower than 5 years, however which might lengthen to 10 years and shall even be at
risk of tremendous.
(1B) Whoever— (a) acquires, has in his ownership, or carries any firearm or ammunition in
contravention of part 3; or
(b) acquires, has in his ownership, or carries in anywhere laid out in notification beneath part 4 any
hands of such elegance or description as has been laid out in that notification in contravention of that
part; or
(c) sells or transfers any firearm which doesn’t undergo the title of the maker, producer’s quantity, or
different id mark stamped or differently proven thereon as required by way of sub-section (2) of part 8
or does any act in contravention of sub-section (1) of that part; or

9. Code of Prison Process 1973
Length of detention gone through by way of the accused to be spark off in
opposition to the sentence or imprisonment (Phase 428)
The place an accused individual has, on conviction, been sentenced to imprisonment for a time period,
now not being imprisonment in default of fee of excellent], the length of detention, if any, gone through
by way of him all through the investigation, inquiry or trial of the similar case and sooner than the date
of such conviction, will be spark off in opposition to the time period of imprisonment imposed on him on
such conviction, and the legal responsibility of such individual to go through imprisonment on such
conviction will be limited to the rest, any, of the time period of imprisonment imposed on him.
Charter of India

10. Charter of India
Energy of President to grant pardons, and many others, and to droop, remit or
travel sentences in positive instances (Article 72)
(1) The President shall have the ability to grant pardons, reprieves, respites or remissions of
punishment or to droop, remit or travel the sentence of anyone convicted of any offence
(a) in all instances the place the punishment or sentence is by way of a courtroom Martial;
(b) in all instances the place the punishment or sentence is for an offence in opposition to any
regulation in the case of a question to which the manager energy of the Union extends;
(c) in all instances the place the sentence is a sentence of loss of life
(2) Noting in sub-clause (a) of Clause ( 1 ) shall have an effect on the ability to droop, remit or travel a
sentence of loss of life exercisable by way of the Governor of a State beneath any regulation in the
interim in drive

11. JUDGEMENT
The Hon’ble Calcutta Prime Court docket dominated in Monirul Molla v. State of West
Bengal that the trial courts might simplest sentence accused to existence
imprisonment in rape instances and in no different instances.
The Court docket cited the Apex Court docket’s ruling in Union of India v. V.
Sriharan, (2016) 7 SCC 1, alias Murugram and ors and Gauri Shankar v. State of
Punjab, (2021) 3 SCC 380, and famous that, except for in instances the place the
regulation specifies a sentence of existence imprisonment, which means that
imprisonment for the rest of the perpetrator’s herbal existence, as is equipped in
sections 376A, 376AB, 376D, 376DA, 376 DB, and 376E of the Indian Penal Code trial
Courts whilst implementing a sentence of existence imprisonment as is equipped in
part 53 Indian Penal Code, can not qualify the mentioned sentence by way of including
that the sentence shall proceed until the rest of that individual’s herbal existence.
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12. With the aforesaid amendment as to condemn imposed on Monirul the
attraction is disposed of. The length of detention suffered by way of
appellants all through investigation, enquiry or trial will be spark off
beneath Phase 428 of the Code of Prison Process.
The Prime Court docket (HC) said that it had famous that during quite a
few instances [Motiyar Rahaman v. State of West Bengal, W.P. 15974(W)
of 2013; Sk. Azaharuddin v. State of West Bengal, CRA 45 of 2021], the
trial Courts have been sentencing the accused individuals to
imprisonment for existence with out the potential of remission, and as a
result of this, it felt the wish to factor a convention route to the entire
judicial officials within the State to ensure that them to steer clear of
making the similar mistake sooner or later.
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13. To make sure correct notification and long run obedience, the Prime Court
docket’s Registrar Basic used to be suggested to distribute the route to all
judicial officials within the State. The Prime Court docket did indicate that
the Court docket’s discretion would now not intrude with the President’s and
the Governor’s constitutional authority as granted by way of Articles 72 and
161 of the Charter.
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14. CONCLUSION
Taking into account the judgment, it may well be interpreted that on the subject of
imprisonment, nearly all of offences are the ones for which the Indian Penal Code specifies
the utmost penalty and leaves the imposition of the correct length inside of that restrict to
the discretion of the courtroom. For some offences, the minimal sentence is ready by way
of the Code, and the Judges have the discretion to impose a sentence this is more than
that. For different offences, the Code prescribes possible choices, and the Court docket is
loose to choose any of them. Accordingly, typically talking, the IPC provides the judicial
officer quite a lot of sentencing discretion.
This technique aligns with constitutional norms because it allows the Court docket to make
an educated conclusion. Moreover, the judgment highlights the powers of the Court docket
in figuring out the punishment for the accused and to make the judicial officials acutely
aware of the similar the Court docket additionally ordered the distribution of such
instructions to the entire officials.

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