STATE OF HARYANA versus JANAK SINGH & ETC.

STATE OF HARYANA versus JANAK SINGH & ETC.

The impugned judgment of the High Court is legally unsustainable because it reduced the statutory minimum sentence for rape without assigning adequate and special reasons as required under Section 376(1) IPC; sentence bargaining is not permissible in rape cases.

Parties
Appellant: State of Haryana; Respondent: Joginder Singh; Respondent: Janak Singh
Jurisdiction
India
Judgment Date
10 May 2013
Procedural Posture
Criminal Appeal / Appeal From High Court Order
Outcome
Appeals partly allowed; impugned judgment set aside; matter remanded to High Court.
Legal Topics
Rape, Sentencing, Article 21 Right to Life
Criminal Law Constitutional Law Rape Sentencing Article 21 Right to Life

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Parties

State of Haryana

Appellant

Joginder Singh

Respondent

Janak Singh

Respondent

Procedural Posture

Criminal Appeal / Appeal From High Court Order

Legal Issues

  1. 1 Whether the High Court could reduce the minimum statutory sentence for rape without assigning adequate and special reasons; propriety of sentence bargaining in serious offences like rape

Ratio Decidendi

The impugned judgment of the High Court is legally unsustainable because it reduced the statutory minimum sentence for rape without assigning adequate and special reasons as required under Section 376(1) IPC; sentence bargaining is not permissible in rape cases.

Court Disposition

Appeals partly allowed; impugned judgment set aside; matter remanded to High Court.

Orders

  • Appeals partly allowed
  • Impugned judgment is set aside