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Supreme Court of India 2019-02-08 allowed

State of Madhya Pradesh vs Vikram Das

Bench: 2 — Hemant Gupta

In Brief

The State appealed a High Court order that reduced a criminal sentence to time served despite statutory minimum requirements. The respondent was convicted under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, for assaulting a Scheduled Caste woman. The trial court imposed six months' imprisonment plus fine; the High Court set aside the imprisonment, awarding only fine. The Supreme Court held that mandatory minimum sentences cannot be reduced by courts or through Article 142 powers. The conviction was uncontested; only sentence was disputed. The Court set aside the High Court's order and required the respondent to serve the remaining sentence within four weeks.

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Criminal Law Minimum Sentence Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act Constitutional Powers Sentencing

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