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october 2005

Supreme Court of India · 2005-10-06

STATE OF M.P. vs SHESH RAO

Citation / case number
SC 2004/5004
Court
Supreme Court of India
Petitioner
STATE OF M.P.
Respondent
SHESH RAO
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 was illegal as it failed to provide adequate and special reasons for deviating from the minimum prescribed sentence of 10 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 and 385 of the Cr.P.C. The Court reinstated the original sentence imposed by the trial court, highlighting the necessity of adhering to statutory mandates in sentencing for serious offenses such as rape.

STATE OF M.P. vs SHESH RAO · Niyam