Supreme Court · 2003 INSC 562 · Decided 17 October 2003
Bhupinder Sharma v. State of Himachal Pradesh
- Court
- Supreme Court of India
- Citation
- 2003 INSC 562 · [2003] SUPP. 4 S.C.R. 792
- Case number
- CRIMINAL APPEAL No. 1265/2002
- Decided
- 17 October 2003
- Bench
- DORAISWAMY RAJU, ARIJIT PASAYAT (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 376(2)(g), 34, 376, 342, 114; Evidence Act
Headnote
SHAR.l\1A v. STATE OF HIMACHAL PRADESJ-{ .,. OCTOBER 17,'.'.2003· B [DORAISWAMY RAJU AND ARIJIT PASAYAT, JJ.) Penal Code, 1860-Section 376(2) (g) Explanation I and Sections 342, 34, 228A-Gang rape-Plea of absence of corroborative evidence~ Held, such plea hds to be rejected since the Court imposing lesser sentence than minimum prescribed sentence-High Court enhancing the sentence­ D Justification of-Held, is justified since trial court did not give adequate and special reasons for imposing lesser sentence which is required under the Code. Section
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