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october 2005

Supreme Court of India · 2005-10-05

STATE OF M.P. vs VILRU @ KAMAL

Citation / case number
SC 2004/18989
Court
Supreme Court of India
Petitioner
STATE OF M.P.
Respondent
VILRU @ KAMAL
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 failed to 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 exhibited a lack of consideration for the evidence presented, thus violating the procedural requirements under Sections 384, 385, and 386 of the Code of Criminal Procedure. The Supreme Court reinstated the original sentence of 7 years R.I. imposed by the trial court, finding the High Court's decision to be contrary to law.

STATE OF M.P. vs VILRU @ KAMAL · Niyam