T.K. GOPAL @ GOPI versus STATE OF KARNATAKA

T.K. GOPAL @ GOPI versus STATE OF KARNATAKA

Having regard to extenuating circumstances, especially the appellant's two daughters coming of age and needing marriage, and upon consideration of the period already spent in incarceration, the present period of imprisonment is sufficient and notice for enhancement of sentence is recalled; sentence of 10 years RI upheld.

Parties
Appellant: T.K. Gopal @ Gopi; Respondent: State of Karnataka
Jurisdiction
India
Judgment Date
05 May 2000
Procedural Posture
Criminal Appeal / Appeal From High Court Judgment; Supreme Court Notice for Enhancement of Sentence
Outcome
Appeal dismissed; notice for enhancement of sentence recalled.
Legal Topics
Rape, Sentencing, Extenuating Circumstances, Sexual Offences, Punishment for Rape
Criminal Law Rape Sentencing Extenuating Circumstances Sexual Offences Punishment for Rape

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Parties

T.K. Gopal @ Gopi

Appellant

State of Karnataka

Respondent

Procedural Posture

Criminal Appeal / Appeal From High Court Judgment; Supreme Court Notice for Enhancement of Sentence

Legal Issues

  1. 1 Whether the sentence of 10 years' rigorous imprisonment for rape of an infant should be enhanced to life imprisonment under Section 376(2) IPC
  2. 2 Whether extenuating circumstances warrant retention of the existing sentence

Ratio Decidendi

Having regard to extenuating circumstances, especially the appellant's two daughters coming of age and needing marriage, and upon consideration of the period already spent in incarceration, the present period of imprisonment is sufficient and notice for enhancement of sentence is recalled; sentence of 10 years RI upheld.

Court Disposition

Appeal dismissed; notice for enhancement of sentence recalled.

Orders

  • Sentence of 10 years' rigorous imprisonment and fine upheld; notice for enhancement to life imprisonment withdrawn.