Supreme Court · 2006 INSC 35 · Decided 19 January 2006

Shailesh Jasvantbhai and ANR. v. State of Gujarat and ORS.

Court
Supreme Court of India
Citation
2006 INSC 35 · [2006] 1 S.C.R. 477
Case number
CRIMINAL APPEAL No. 118/2006
Decided
19 January 2006
Bench
ARIJIT PASAYAT, S.H. KAPADIA (2-judge bench)
Outcome
Case Partly allowed
Case type
Criminal
Acts & sections cited
IPC Section 307, 324, 504, 135

Headnote

B Penal Code, 1860; Ss. 307, 324, 504 rlw Section 114/Bombay Police Act, Section 135: Assault-Sentencing-Held: Protection of society and stamping out c criminal proclivity should be the object of law-Law should adopt the corrective machinery/deterrence based on factual matrix-Sentencing process be to impose inadequate sentence would be harmful to the society and judicial system- Though criminal law adheres in general to the principle of proportionality in D .\. prescribing liability in proportion to the culpability of the type of criminal \ conduct yet in practice sentences determined

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