Supreme Court of India
State Of M.P vs Sunil on 24 October, 2005
Equivalent citations: AIR 2006 SUPREME COURT 627, 2009 (17) SCC 386, 2005 AIR SCW 6263, 2011 (1) SCC (CRI) 1038, 2005 (10) SRJ 526, 2005 (8) SLT 132, (2006) 1 CHANDCRIC 84, 2005 CRILR(SC&MP) 937, 2005 (4) CURCRIR 168.1, 2005 (8) SCALE 577.1, 2005 CRILR(SC MAH GUJ) 937, 2006 ALL MR(CRI) 139 NOC, (2006) 1 ORISSA LR 119, (2005) 4 CURCRIR 168(1), (2005) 8 SUPREME 274, (2005) 3 ALLCRIR 3170, (2005) 8 SCALE 577(1), (2006) 1 CRIMES 45, (2005) 3 ALLCRIC 3170, (2006) 1 ALLCRILR 626
Author: G. P. Mathur
Bench: R.C. Lahoti, G.P. Mathur, P.K. Balasubramanyan
CASE NO.: Appeal (crl.) 1450 of 2005 PETITIONER: State of M.P. RESPONDENT: Sunil DATE OF JUDGMENT: 24/10/2005 BENCH: CJI R.C. Lahoti,G.P. Mathur & P.K. Balasubramanyan JUDGMENT:
J U D G M E N T (Arising out of Special Leave Petition (Crl.) No.118/2005) G. P. MATHUR, J.
1. Delay in filing the special leave petition is condoned.
2. Leave granted.
3. This appeal has been preferred by the State of M.P. against the judgment and order dated 11.9.2003 of Justice N.S. Azad of M.P. High Court in Crl. Appeal No.979 of 1998.
4. The trial Court convicted the accused under Sections 342, 363, 366 and 376 I.P.C. and sentenced him to various terms of imprisonment and fine. He was awarded a sentence of 8 years R.I. and a fine of Rs.2,000/- and in default to undergo R.I. for a further period of 2 months under Section 376 I.P.C. The High Court partly allowed the appeal and while upholding the conviction of the accused on various counts reduced the sentence to the period already undergone which is nearly 6 years and 2 months.
5. Learned counsel for the appellant has submitted that the sentence imposed by the High Court is wholly inadequate looking to the nature of the offence and is contrary to the minimum prescribed by law.
6. Having regard to the facts and circumstances of the case, we are of the opinion that the sentence which the accused has already undergone i.e. 6 years and 2 months cannot be said to be inadequate or contrary to law. The appeal is accordingly dismissed.