Supreme Court · 2005 INSC 464 · Decided 3 October 2005
State of M.P. v. Bala @ Balaram
- Court
- Supreme Court of India
- Citation
- 2005 INSC 464 · [2005] SUPP. 3 S.C.R. 859
- Case number
- CRIMINAL APPEAL No. 1277/2005
- Decided
- 3 October 2005
- Bench
- R.C. LAHOTI, G.P. MATHUR, P.K. BALASUBRAMANYAN (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 376, 376(2)(g), 376(1), 376(2)
Headnote
B Penal Code, 1860-Sections 376(/) and (2) proviso, 376(2)(g)­ Commission of Rape-Award of sentence of I 0 years RI and fine-Reduction of, to the period already undergone about 9 months, by High Court- C Correctness of-Held: High Court reduced the sentence inadequately without assigning Court for fresh consideration-Sentencing. The question which arose for consideration in this appeal was with regard to the legality of the order passed by the High Court in reducing the D sentence of 10 years R. I. awarded passed by the trial court for commission of offence under section
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