Supreme Court · 2012 INSC 345 · Decided 21 August 2012
State of U.P. v. Sanjay Kumar
- Court
- Supreme Court of India
- Citation
- 2012 INSC 345 · [2012] 7 S.C.R. 359
- Case number
- SPECIAL LEAVE PETITION (CRIMINAL) No. 6467/2012
- Decided
- 21 August 2012
- Bench
- B.S. CHAUHAN, SWATANTER KUMAR (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC; CrPC Section 433; Constitution
Headnote
PENAL CODE, 1860: A B ss. 302 and 376 - Rape and murder of an eighteen year c old girl - Death sentence - Commuted by High Court to life imprisonment - Held: High Court is correct to the extent that the facts of the case did not warrant death sentence. SENTENCE/SENTENCING: Sentencing policy - circumstances - Commutation of death sentence to imprisonment for fife or imprisonment for a specified term - Clemency power of Sovereign - Expression D "life imprisonment" - Connotation of - Discussed - Constitution E of India, 1950 - Arts. 142, 72 and 161 - Separation of powers
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