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october 2005

Supreme Court of India · 2005-10-04

STATE OF M.P. vs GOVIND

Citation / case number
SC 2004/11469
Court
Supreme Court of India
Petitioner
STATE OF M.P.
Respondent
GOVIND
Bench
CJI 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 was contrary to the minimum prescribed by law, which mandates a minimum sentence of 7 years. The Court emphasized that the High Court failed to provide adequate and special reasons for deviating from the statutory minimum, and its judgment lacked proper consideration of the evidence. Consequently, the Supreme Court restored the original sentence imposed by the trial court, finding the High Court's decision to be unsatisfactory and exhibiting non-application of mind.

STATE OF M.P. vs GOVIND · Niyam