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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