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october 2005

Supreme Court of India · 2005-10-03

STATE OF M.P. vs BALA @ BALARAM

Citation / case number
SC 2004/14557
Court
Supreme Court of India
Petitioner
STATE OF M.P.
Respondent
BALA @ BALARAM
Author
G.P. MATHUR R.C. LAHOTI
Bench
G.P. MATHUR CJI R.C. LAHOTI

Judgment text excerpt

The Supreme Court emphasized that under Section 376 IPC, the imposition of minimum punishment is generally imperative for the crime of rape, which is a heinous offense against society and human dignity. The Court held that while discretion exists to impose lesser sentences under the provisos of Section 376(1) and 376(2), such discretion must be exercised sparingly and only for special reasons, which must be clearly articulated. The judgment underscores the importance of aligning punishments with the gravity of the offense to maintain societal respect for law and prevent potential retaliatory violence.

STATE OF M.P. vs BALA @ BALARAM · Niyam