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october 2005

Supreme Court of India · 2005-10-06

STATE OF M.P. vs RAKESH

Citation / case number
SC 2005/1375
Court
Supreme Court of India
Petitioner
STATE OF M.P.
Respondent
RAKESH
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 Sections 363, 366, and 376 IPC was illegal as it failed to provide adequate and special reasons for deviating from the minimum prescribed sentences. The Court emphasized that under Section 376(1) IPC, the minimum sentence for rape is 7 years, and for aggravated cases under Section 376(2), it is 10 years, which the High Court did not adhere to. Consequently, the Supreme Court set aside the High Court's order and restored the original sentences imposed by the trial court.

STATE OF M.P. vs RAKESH · Niyam