Supreme Court of India
State of Punjab v. Rakesh Kumar
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1 Supreme Court bench has cited this judgment.
From the headnote
Sentence/Sentencing: Reduction/Imposition of sentence less that the minimum prescribed - In rape case - Held: c Liberal view by imposing meager sentences or taking too sympathetic view merely on account of lapse of time in respect of such offences is against societal interest - In both sub- sections (1) and (2) of Section 376 /PC, minimum sentences are prescribed - However, Court has discretion to impose sentence of imprisonment less than prescribed minimum for -+ 'adequate and special reasons' - If Court does not mention such reasons in judgment, there is no scope for awarding · sentence
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