State of Rajasthan V/s Jamil Khan

Information Type: Judicial Information
Court: Supreme Court
Date of Judgment(s): 2013-09-27
Case No: 659 OF 2006
Case Type: Appeal (Criminal)
Judge Name: Chandramauli Kr. Prasad & Kurian Joseph
Subject: Criminal Law - Life Imprisonment
Statutes / Acts: Indian Penal Code 1860 (IPC), Code of Criminal Procedure 1973
Section: 432 Cr.PC for remission and Section 433 Cr.PC, Section 376 of IPC
State of Appellant(s): Rajasthan
Case Note / Description :

Having regard to the facts and circumstances of the present case, we make it clear that in the event of State invoking its powers under Section 432 or 433 of Cr.PC, the sentence under Section 376 of IPC shall not be remitted or commuted before seven years of imprisonment. In other words, in that eventuality, it shall be ensured that the respondent will first serve the term of life imprisonment under Section 302 of IPC. In case there is any remission after fourteen years, then imprisonment for a minimum period of seven years under Section 376 of IPC shall follow and thereafter three years of rigorous imprisonment under Section 201 of IPC. The sentence on fine and default as awarded by the Sessions Court are maintained as such. 

 

 
 
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