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october 2005

Supreme Court of India · 2005-10-05

State Of M.P vs Killu @ Kailash Vishwakarma

Citation / case number
AIR 2006 SUPREME COURT 777
Court
Supreme Court of India
Petitioner
State Of M.P
Respondent
Killu @ Kailash Vishwakarma
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 for rape under Section 376 IPC and abetment of suicide under Section 306 IPC was illegal as it failed to provide adequate and special reasons for deviating from the statutory minimum sentences. The Court emphasized that the High Court's judgment was cryptic and showed a lack of consideration for the evidence presented, thereby violating the procedural mandates of Sections 384, 385, and 386 of the Code of Criminal Procedure. Consequently, the Supreme Court restored the original sentence imposed by the trial court.

State Of M.P vs Killu @ Kailash Vishwakarma · Niyam