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november 2004

Supreme Court of India · 2004-11-25

Bankat And Anr vs State Of Maharashtra

Citation / case number
AIR 2005 SUPREME COURT 368
Court
Supreme Court of India
Petitioner
Bankat And Anr
Respondent
State Of Maharashtra
Author
Arijit Pasayat
Bench
Arijit Pasayat, S.H. Kapadia

Judgment text excerpt

The Supreme Court upheld the conviction of the appellants under Sections 325 and 326 read with Section 34 IPC, affirming the High Court's decision to maintain their sentences while reducing the custodial terms for co-accused based on age. The Court noted that the nature of the offences did not warrant the extension of benefits under the Bombay Probation of Offenders Act. The plea for modification based on a compromise between the parties was rejected, as the offences were not compoundable under Section 320 of the Code of Criminal Procedure, 1973, although the Court acknowledged its jurisdiction under Article 142 of the Constitution.

Bankat And Anr vs State Of Maharashtra · Niyam