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april 2004

Supreme Court of India · 2004-04-26

STATE THROUGH S.P., NEW DELHI vs RATAN LAL ARORA

Citation / case number
SC 2003/18841
Court
Supreme Court of India
Petitioner
STATE THROUGH S.P., NEW DELHI
Respondent
RATAN LAL ARORA
Author
ARIJIT PASAYAT
Bench
ARIJIT PASAYAT. DORAISWAMY RAJU

Judgment text excerpt

The Supreme Court held that the Delhi High Court's application of Section 360 of the Code of Criminal Procedure, 1973, to grant probation to the respondent-accused convicted under the Prevention of Corruption Act, 1988, was erroneous. The Court emphasized that where a statute prescribes a minimum sentence, such as under Sections 7 and 13(2) of the Prevention of Corruption Act, the court cannot reduce the sentence further. The judgment of the High Court was set aside, reinforcing that the severity of corruption offences necessitates strict adherence to prescribed minimum sentences.

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