STATE OF MADHYA PRADESH versus VIKRAM DAS

STATE OF MADHYA PRADESH versus VIKRAM DAS

The High Court could not have awarded sentence less than the minimum sentence contemplated by s.3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989; order specifying sentence less than minimum is set aside; respondent must undergo remaining sentence imposed by trial court.

Parties
Appellant: State of Madhya Pradesh; Respondent: Vikram Das
Jurisdiction
India
Judgment Date
08 February 2019
Procedural Posture
Criminal Appeal / Appeal From High Court Judgment
Outcome
Appeal allowed; High Court order set aside; respondent to undergo remaining sentence imposed by trial court.
Legal Topics
Minimum Sentence, Sentencing, Scheduled Castes and Scheduled Tribes (prevention of Atrocities) Act, Article 142 of Constitution
Criminal Law Constitutional Law Minimum Sentence Sentencing Scheduled Castes and Scheduled Tribes (prevention of Atrocities) Act Article 142 of Constitution

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Parties

State of Madhya Pradesh

Appellant

Vikram Das

Respondent

Procedural Posture

Criminal Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether High Court could award sentence less than minimum prescribed under s.3(1)(xi) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989
  2. 2 Whether Article 142 of the Constitution permits courts to reduce statutory minimum sentences

Ratio Decidendi

The High Court could not have awarded sentence less than the minimum sentence contemplated by s.3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989; order specifying sentence less than minimum is set aside; respondent must undergo remaining sentence imposed by trial court.

Court Disposition

Appeal allowed; High Court order set aside; respondent to undergo remaining sentence imposed by trial court.

Orders

  • Respondent directed to surrender before the Court within four weeks.