Supreme Court · 2005 INSC 282 · Decided 13 May 2005

State of Madhya Pradesh v. Babbu Barkare @ Dalap Singh

Court
Supreme Court of India
Citation
2005 INSC 282 · [2005] SUPP. 1 S.C.R. 381
Case number
CRIMINAL APPEAL No. 738/2005
Decided
13 May 2005
Bench
ARIJIT PASAYAT, S.H. KAPADIA (2-judge bench)
Outcome
Disposed off
Case type
Criminal
Acts & sections cited
IPC Section 376

Headnote

B Sentencing-D.etermination of-Offence of rape-Conviction­ Punishment of 7 years by trial Court-Reduced by High Court-Permissibility of_:_Held: While determining the sentence, the facts of each case, nature of C crime, the manner in which it was planned or committed, the motive, conduct of the to impose inadequate sentence would. do more harm to the justice system-Principle of proportionality should be adopted- Jn rape cases, if the Court does not mention adequate and special reasons, a sentence lesser than the prescribed minimum u/s 376(1) and (2) cannot be D 'awarded-The reason

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