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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