Supreme Court · 2008 INSC 899 · Decided 4 August 2008
State of Rajasthan v. Gajendra Singh
- Court
- Supreme Court of India
- Citation
- 2008 INSC 899 · [2008] 11 S.C.R. 816
- Case number
- CRIMINAL APPEAL No. 1217/2008
- Decided
- 4 August 2008
- Bench
- ARIJIT PASAYAT, MUKUNDAKAM SHARMA (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 376, 323, 341
Headnote
Sentence/Sentencing - Conviction uls 376 /PC - Trial c . court imposing sentence of ten years R1 - Sentence reduced to five years (below the minimum prescribed) by High Court - Propriety of - Held: Proviso to s. 376 /PC permitting the court to reduce the sentence below the minimum prescribed only and special reasons' - Failure on 0 the part of High Court to record such reasons, does not war­ rant reducing of the sentence - Criminal law adheres to the principle of proportionality in sentencing -It is duty of the court to award proper sentence in view of the nature and manner of
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