Supreme Court · 2009 INSC 610 · Decided 27 April 2009
State of M.P. v. Basodi
- Court
- Supreme Court of India
- Citation
- 2009 INSC 610 · [2009] 6 S.C.R. 1166
- Case number
- CRIMINAL APPEAL No. 1002/2004
- Decided
- 27 April 2009
- Bench
- ARIJIT PASAYAT, D.K. JAIN, MUKUNDAKAM SHARMA (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 376
Headnote
Sentence/Sentencing : Conviction uls. 376 /PC - In appeal, High Court reducing the sentence to less than prescribed minimum -- Held: The Court has the discretion to award sentence lesser than the prescribed minimum, only for adequate and special reasons 0 and not otherwise -- On facts, reason was not adequate and special - Order of trial Court restored. E Award of punishment - Criteria for detennination - Role of Courts - Discussed. 'Words and Phrases - 'Rape' and ·carnal knowledge' - Meaning of, in the context of s. 376 /PC. The question for consideration in the present
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