Supreme Court · 2013 INSC 283 · Decided 26 April 2013
Bharat Bhushan v. State of Himachal Pradesh
- Court
- Supreme Court of India
- Citation
- 2013 INSC 283 · [2013] 5 S.C.R. 1013
- Case number
- CRIMINAL APPEAL No. 628/2013
- Decided
- 26 April 2013
- Bench
- T.S. THAKUR, DIPAK MISRA (2-judge bench)
- Outcome
- Disposed off
- Case type
- Criminal
- Acts & sections cited
- IPC Section 376; Juvenile Justice Act Section 20
Headnote
Penal Code, 1860 -s.376 - Rape of about 11 years old girl - Acquittal by trial court - Conviction by High Court relying A B on the evidence of witnesses and medical evidence - C Awarded sentence of 5 years and fine with default clause - Held: Conviction by High Court is justified - But since the Justice Act, 2000, High Court was not right in awarding sentence - High Court should have referred the case to Juvenile Justice Board for D sentence - However, in view of the facts that on the date of the present judgment, the accused was 36 years old, having family and has already undergone 3
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