Supreme Court · 2008 INSC 997 · Decided 29 August 2008
State of Punjab v. Rakesh Kumar
- Court
- Supreme Court of India
- Citation
- 2008 INSC 997 · [2008] 12 S.C.R. 929
- Case number
- CRIMINAL APPEAL No. 1365/2008
- Decided
- 29 August 2008
- Bench
- ARIJIT PASAYAT, MUKUNDAKAM SHARMA (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 376, 366; CrPC Section 313
Headnote
Sentence/Sentencing: Reduction/Imposition of sentence less that the minimum prescribed - In rape case - Held: c Liberal view by imposing meager sentences or taking too sympathetic view merely on account of lapse of time in respect of such offences is against societal interest - In both sub- minimum sentences are prescribed - However, Court has discretion to impose D sentence of imprisonment less than prescribed minimum for -+ 'adequate and special reasons' - If Court does not mention such reasons in judgment, there is no scope for awarding · sentence lesser. than the
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