Supreme Court of India · 2004-11-25
BANKAT vs STATE OF MAHARASHTRA
- Citation / case number
- SC 2004/8498
- Court
- Supreme Court of India
- Petitioner
- BANKAT
- 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 modifying those of co-accused based on age and the nature of the injuries inflicted. The Court ruled that the benefit of the Bombay Probation of Offenders Act was not applicable due to the severity of the offenses. The plea for modification based on a compromise between the parties was rejected, as the offenses under Section 326 IPC are non-compoundable under Section 320 of the CrPC, although the Court acknowledged its jurisdiction under Article 142 of the Constitution to intervene in certain cases.