Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | of appellant-accused 1860 - ss. 363 366 and 376 - Conviction under Penal Code |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860 - ss. 363, 366 and 376 - Conviction under, of appellant-accused - Trial Court while imposing lesser sentence of 2 years and nine months reasoned that the case was a love affair involving young adolescents, therefore giving severe punishment would not be feasible - On appeal by the complainant as well as the State, High Court enhanced the punishment of imprisonment holding that there was no adequate or special reason for the trial court to reduce the sentence - On appeal, held: Trial Court while imposing a lesser sentence provided valid reasons - Accused and the girl had a love affair and she had left her parent's house voluntarily without any force - Both of them stayed together for around ten days and the nature of sexual intercourse was consensual - Further the incident relates to the date prior to the amendment of IPC which came into force on 03.02.2013, and for special reasons as aforesaid, sentence less than seven years was impossible - Moreover, after the High Court enhanced the sentence, the accused has further undergone a sentence of six months (in all more than three years), which is sufficient to meet the ends of justice - Appellant to be released forthwith, if not required in any other case - Sentencing - The Criminal Law (Amendment) Act, 2013, No. XIII of 2013 (w.e.f 03.02.2013). |
Judge | N/A |
Neutral Citation | 2017 INSC 716 |
Petitioner | Mahendra Subhashbhai Vankhede |
Respondent | The State Of Gujarat Etc. |
SCR | [2017] 7 S.C.R. 672 |
Judgement Date | 2017-08-08 |
Case Number | 1365-1366 |
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