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Supreme Court of India 2017-04-10 allowed

State of Himachal Pradesh vs Nirmala Devi

Bench: 2 — A.K. Sikri, Ashok Bhushan

In Brief

The respondent was convicted of poisoning, robbery, and attempted murder (Sections 307, 328, 392 IPC) along with a co-accused. The trial court sentenced her to two years simple imprisonment and fine. The High Court set aside the imprisonment and substituted only a fine of Rs. 30,000, citing that she was a woman with three minor dependent children (two mentally retarded). The Supreme Court held that where the IPC prescribes both imprisonment 'and' fine, both are mandatory. The appellate court cannot eliminate imprisonment entirely. While gender and dependents can reduce quantum, they cannot justify complete removal of custodial sentence for serious crimes. The Court restored the trial court's sentence, emphasizing proportionality, deterrence, and statutory compliance.

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Criminal Law Sentencing Punishment Indian Penal Code Appellate Powers Judicial Discretion Gender as Mitigating Factor

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