STATE OF HARYANA versus PREM CHAND AND ORS.

STATE OF HARYANA versus PREM CHAND AND ORS.

There is no error apparent on the face of the record to warrant review of the judgment; the character or reputation of a rape victim is not a mitigating or extenuating circumstance for reduction of sentence under Section 376(2) IPC.

Parties
Petitioner: State of Haryana; Respondents: Prem Chand and Ors.
Jurisdiction
India
Judgment Date
14 December 1989
Procedural Posture
Review Petition (criminal) / Decision on Review Petition
Outcome
Review Petitions Dismissed
Legal Topics
Review of Supreme Court Judgment, Sentence Under Section 376 IPC, Character of Victim in Rape Case
Criminal Law Constitutional Law Review of Supreme Court Judgment Sentence Under Section 376 IPC Character of Victim in Rape Case

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Parties

State of Haryana

Petitioner

Prem Chand and Ors.

Respondents

Procedural Posture

Review Petition (criminal) / Decision on Review Petition

Legal Issues

  1. 1 Whether there is an error apparent on the face of the record warranting review of the Supreme Court’s judgment reducing sentence under Section 376(2) IPC
  2. 2 Whether the character or reputation of the rape victim is relevant in awarding sentence under Section 376 IPC

Ratio Decidendi

There is no error apparent on the face of the record to warrant review of the judgment; the character or reputation of a rape victim is not a mitigating or extenuating circumstance for reduction of sentence under Section 376(2) IPC.

Court Disposition

Review Petitions Dismissed

Orders

  • Review Petitions are dismissed.