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Supreme Court of India 2018-08-01 allowed

State of Rajasthan vs Mohan Lal & Another

Bench: 2 — Mohan M. Shantanagoudar

In Brief

In this criminal appeal, the State challenged the High Court's decision to reduce the sentence of an accused convicted under Sections 325 and 323 IPC (causing grievous hurt and voluntarily causing hurt) to merely 6 days imprisonment—the time already served. The assault, stemming from a land dispute, had caused the victim a life-threatening fracture of the skull. The Supreme Court held the High Court's sentence shockingly inadequate. Applying principles of proportionality and deterrence, the Court enhanced the sentence to 6 months rigorous imprisonment and a fine of Rs. 25,000, with 3 months additional imprisonment for default, and directed the fine be paid as compensation to the injured victim.

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Criminal Procedure Sentencing Assault Grievous Hurt Enhancement of Sentence Judicial Discretion

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