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Documents citing State Of Madhya Pradesh vs Babbu Barkare @ Dalap Singh on 13 May, 2005

1 State vs . Ashok @ Babbu on 1 March, 2007

11. As such, all the observations made above by the court, if viewed together shows that prosecution has been completely failed to prove its case 4 State Vs. Ashok @ Babbu against the accused beyond reasonable doubt, and it would not be safe to hold the accused guilty. Granting the benefit of doubt, accused is acquitted of charge leveled against him. Accused is in J.C. He be released immediately if not required otherwise. Case property be confiscated to the state and file be consigned to record room.
Delhi District Court Cites 6 - Cited by 0 - Full Document

K.Pazhani vs State on 5 December, 2019

In view of the ratio laid down by the Supreme Court in Bharatkumar Rameshchandra Barot's case and Babbu Barkare's case (supra), this Court has no hesitation to hold that the sentence awarded by the court below is unsustainable. The court below ought to have awarded the minimum sentence prescribed under the statute and, if it proposes to impose a reduced sentence than the one prescribed under the statute, special reasons should have been adduced, which is wholly lacking in the present case. No adequate and special reason, much less reason, has been given by the court below to award a lesser sentence than the one prescribed under the statute. In such circumstances, this Court is of the considered view that the trial court having committed an error while awarding sentence, it is within the domain of this Court to correct the same for which no 35/38 http://www.judis.nic.in ____________ Crl. A. No.567/2011 appeal is required to be filed by the respondents seeking enhancement. An appeal is required to be filed only in case where the respondents seek for a higher sentence over and above the minimum sentence mandated under the statute and not for the purpose of awarding the minimum sentence mandated under the statute once conviction is recorded. In the case on hand, conviction having been recorded, the minimum sentence prescribed by the statute for the said offence, having not been awarded, this Court is fully empowered to correct the same by awarding the sentence as is prescribed under the statute.
Madras High Court Cites 13 - Cited by 0 - M Dhandapani - Full Document

Anil Lakra And Ors. vs State Of West Bengal on 14 July, 2006

51. The Supreme Court in State of M.P. v. Babbu Barkare alias Dalap Singh observed that, "In the crime of rape, 'carnal knowledge' means the penetration to any the slightest degree of the organ alleged to have been carnally known by the male organ of generation (Stephen's "Criminal Law" 9th Ed. P. 262). In 'Encyclopaedia of Crime and Justice' (Volume 4, page 1356) 4t is stated "...even slight penetration is sufficient and emission is unnecessary." In Halsbury's Statutes of England and Wales (Fourth Edition), Volume 12, it is stated that even the slightest degree of penetration is sufficient to prove sexual intercourse. It is violation with violence of the private peraon of a woman-an-outrage by all means. By the very nature of the offence it is an obnoxious act of the highest order."
Calcutta High Court Cites 37 - Cited by 0 - Full Document
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