Supreme Court · 2009 INSC 491 · Decided 15 April 2009
State of Madhya Pradesh v. Sheikh Shahid
- Court
- Supreme Court of India
- Citation
- 2009 INSC 491 · [2009] 5 S.C.R. 1038
- Case number
- CRIMINAL APPEAL No. 660/2004
- Decided
- 15 April 2009
- Bench
- ARIJIT PASAYAT, LOKESHWAR SINGH PANTA, P. SATHASIVAM (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 375, 376
Headnote
PENAL CODE, 1860: c s.376 - Conviction by trial court - Sentence of 7 years imposed - Reduced by High Court to the period already undergone which was about six months only- HELD: The only reason indicated by the High Court being that accused D belonged to rural areas, can neither be -· Requirement of law is cumulative - Order of High Court is clearly unsustainable and is set aside - Sentencing - Principles explained. Respondent no. 1 was convicted by trial court u/s 376 E IPC and was sentenced to 7 years RI. On appeal, the High Court reduced the sentence to the
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