Daulat vs. State Of M. P
AI Summary
Get an AI-powered analysis of this court order
Order Issued After Hearing
Purpose:
Case Registered
Listed On:
9 Mar 2007
Original Order Copy
Get a certified copy of this order
Order Text
\204ITEM NO.116 COURT NO.2 SECTION IIA SUPREME COURT OF INDIA RECORD OF PROCEEDINGS CRIMINAL APPEAL NO.324 OF 2007 DAULAT & ANR. Appellant (s) VERSUS STATE OF M.P Respondent(s) (With appln(s) for exemption from filing O.T. and office report) Date: 22/01/2008 This Appeal was called on for hearing today. CORAM : HON'BLE MR. JUSTICE B.N. AGRAWAL HON'BLE MR. JUSTICE AFTAB ALAM For Appellant(s) Mr. S.S. Khanduja,Adv. Mr. Yash Pal Dhingra,Adv. For Respondent(s) Mr. Siddharth Dave,Adv. Ms. Vibha Datta Makhija,Adv. Ms. Jemtiben Ao,Adv. UPON hearing counsel the Court made the following ORDER Heard learned counsel for the parties. The criminal appeal is dismissed. [ Alka Dudeja ] [ Ramesh Joshi ] Court Master Court Master [Signed order is placed on the file] IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.324 OF 2007 Daulat and Anr. ...Appellant(s) Versus State of Madhya Pradesh ...Respondent(s) O R D E R Heard learned counsel for the parties. Trial Court acquitted the appellants of the charge under Section 376 of the Indian Penal Code [hereinafter referred to as the "I.P.C."]. When the matter was taken to the High Court in appeal, the order of acquittal has been reversed and the appellants have been convicted under Section 376 I.P.C. and awarded sentence of seven
years and to pay fine of Rs.1,000/- each; in default, to undergo further imprisonment for a period of three months. Hence, this appeal by special leave.
We have heard learned counsel for the parties and perused the evidence. In our view, the order of acquittal rendered by Trial Court was perverse one; as such, the High Court was quite justified in reversing the same and convicting the appellants under Section 376 I.P.C. It was also justified in awarding the minimum sentence of seven years. In view of these facts, we do not find any ground to interfere with the impugned order.
The criminal appeal is, accordingly, dismissed.
[AFTAB ALAM]
......................J. [B.N. AGRAWAL]
......................J.
New Delhi, January 22, 2008.