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1 - 10 of 14 (0.91 seconds)The Indian Penal Code, 1860
Section 420 in The Indian Penal Code, 1860 [Entire Act]
Section 342 in The Indian Penal Code, 1860 [Entire Act]
Section 364 in The Indian Penal Code, 1860 [Entire Act]
Ajmer Kaur vs State Of Punjab And Ors on 7 May, 2004
7. A two Judge Bench of the Hon'ble Supreme Court in Ajmer Singh
Vs. State of Punjab (2005) 6 SCC 633 has observed as under:-
Mohammad Giasuddin vs State Of Andhra Pradesh on 6 May, 1977
A two Judge Bench of the Hon'ble Supreme Court in Mohd. Giasuddin Vs.
State of AP, AIR 1977 SC 1926, speaking through Justice V.R. Krishna Iyer,
has observed as under:-
Deo Narain Mandal vs State Of U.P on 25 August, 2004
In Deo Narain Mandal v. State State of UP (2004) 7 SCC 257, a
three Judge bench of the Hon'ble Supreme Court has opined that awarding of
sentence is not a mere formality in criminal cases. When a minimum and
maximum term is prescribed by the statute with regard to the period of sentence,
a discretionary element is vested in the Court. Background of each case, which
includes factors like gravity of the offence, manner in which the offence is
committed, age of the accused, should be considered while determining the
quantum of sentence and this discretion is not to be used arbitrarily or
whimsically. After assessing all relevant factors, proper sentence should be
awarded bearing in mind the principle of proportionality to ensure the sentence is
neither excessively harsh nor does it come across as lenient.
Section 482 in The Code of Criminal Procedure, 1973 [Entire Act]
Ravada Sasikala vs State Of Andhra Pradesh And Anr on 27 February, 2017
Further, a two Judge
Bench in Ravada Sasikala v. State of AP AIR 2017 SC 1166, has reiterated
that the imposition of sentence also serves a social purpose as it acts as a
deterrent by making the accused realise the damage caused not only to the victim
but also to the society at large. The law in this regard is well settled that
opportunities of reformation must be granted and such discretion is to be
exercised by evaluating all attending circumstances of each case by noticing the
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Neutral Citation No:=2024:PHHC:018019
CRA-S No.394 of 2023 (O&M) -9- 2024:PHHC:018019
nature of the crime, the manner in which the crime was committed and the
conduct of the accused to strike a balance between the efficacy of law and the
chances of reformation of the accused.