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october 2005

Supreme Court of India · 2005-10-05

STATE OF M.P. vs MAKHMAL KHAN

Citation / case number
SC 2004/14871
Court
Supreme Court of India
Petitioner
STATE OF M.P.
Respondent
MAKHMAL KHAN
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(2)(g) IPC from 10 years to the period already undergone (8 months) was illegal as it contravened the minimum sentence prescribed by law. The Court emphasized that the High Court failed to provide adequate and special reasons for such a reduction, as required by the provisos to Section 376 IPC. Consequently, the Supreme Court restored the original sentence imposed by the trial court, reaffirming the necessity of adhering to statutory sentencing guidelines.

STATE OF M.P. vs MAKHMAL KHAN · Niyam