Supreme Court · 2000 INSC 240 · Decided 25 April 2000
Kamal Kishore Etc v. State of Himachal Pradesh
- Court
- Supreme Court of India
- Citation
- 2000 INSC 240 · [2000] 3 S.C.R. 473
- Case number
- CRIMINAL APPEAL No. 1322/1999
- Decided
- 25 April 2000
- Bench
- K.T. THOMAS, DORAISWAMY RAJU, S.N. VARIAVA (3-judge bench)
- Outcome
- Directions issued
- Case type
- Criminal
- Acts & sections cited
- IPC Section 376; Constitution Article 72, 161
Headnote
B Penal Code, 1860-S. 376 pmviso-Rape-lmposition of sentence less than the minimum prescribed-Justification of-Rape of twelve years old girl-Testimony of victim duly convborated by her mother and aunt- Confirmed by medical evidence-T1ial Court-Disbelieving the testimony of c victim-Acquittal-On holding that since the offence took place ten years ago and accused might have settled in life, imposing impris- • onment for three years i.e. less than minimum prescribed-Validity of-Held, High Court justified in convicting the accused-The reasons for imposing D sentence less than the
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