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Supreme Court of India 2020-03-18 partly_allowed

EX-GUNNER VIRENDER PRASAD vs UNION OF INDIA

Bench: 3 — S.A. Bobde, B.R. Gavai, Surya Kant

In Brief

Ex-Gunner Virender Prasad was convicted by Court Martial under the Army Act for shooting a fellow soldier in 2003, claiming he fired under a delusional belief of a terrorist attack. Sentenced to life imprisonment and dismissed from service, his appeal to the Armed Forces Tribunal was dismissed. The Supreme Court upheld the conviction but found the sentence disproportionate. Considering the appellant's deployment in a high-terrorism area, immediate surrender and plausible explanation, exemplary jail conduct, and service of over 16 years (exceeding the 14-year statutory threshold for remission), the Court directed his immediate release.

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Criminal Law Sentencing Military Law Code of Criminal Procedure Remission Proportionality of Sentence

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