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october 2005

Supreme Court of India · 2005-10-04

State Of M.P vs Govind

Citation / case number
2005 AIR SCW 5350
Court
Supreme Court of India
Petitioner
State Of M.P
Respondent
Govind
Author
G. P. Mathur
Bench
R.C. Lahoti, G.P. Mathur, P.K. Balasubramanyan

Judgment text excerpt

The Supreme Court held that the High Court's reduction of the sentence under Section 376 IPC was illegal as it did not provide adequate and special reasons for deviating from the minimum prescribed sentence of 7 years. The Court emphasized that the High Court's judgment was cryptic and failed to consider the evidence presented, violating the procedural requirements under Sections 384, 385, and 386 of the Code of Criminal Procedure. Consequently, the Supreme Court restored the original sentence imposed by the trial court, finding the High Court's decision unsatisfactory and contrary to law.

State Of M.P vs Govind · Niyam