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Supreme Court of India
DALVEER BHANDARI & DEEPAK VERMA
Vinod Kumar @ Bittu
Versus
State Of Delhi
CRIMINAL APPEAL NO.1270 OF 2010 (Arising out of SLP(Crl.)No.1701 of 2010)
Decided on: 16-07-2010
Conviction - Reduction of Sentence - Age of Offender - Indian Penal Code
Fact of the Case:
The appellant was convicted and sentenced to rigorous imprisonment for various offences under the Indian Penal Code. The incident occurred in 1983 when the appellant was 17 years old.
Finding of the Court:
The court upheld the conviction but reduced the sentence of imprisonment from four years to two years and six months, considering the age of the offender and the passage of time.
Issues: Conviction and sentencing under the Indian Penal Code, consideration of the age of the offender at the time of the incident.
Ratio Decidendi: The court considered the appellant's age at the time of the offence and the passage of time in reducing the sentence, balancing the need for justice with the circumstances of the offender.
Final Decision: The appeal was partly allowed, and the sentence of imprisonment was reduced from four years to two years and six months.
Judgment
1. We have heard learned counsel for the parties.
2. Leave granted.
3. The appellant-Vinod Kumar @ Bittu was convicted by the trial Court and was sentenced to rigorous imprisonment for ten years and to pay fine of Rs.5,000/- and in default of payment of fine to further undergo rigorous imprisonment for the period of two years for the offence under Section 376(2)(g) to further undergo rigorous imprisonment for seven years and to pay fine of Rs.4,000/- under Section 366 IPC and in default of payment of fine to further undergo rigorous imprisonment for a period of eighteen months. The appellant was acquitted under Section 376(2)(g), however, he was convicted under Section 366/34 of the Indian Penal Code and was sentenced to imprisonment for four years.
4. The incident is of 1983 and at that time the appellant was 17 years of age. Now he is married and having children.
5. In the facts and circumstances of this case, we deem it appropriate to uphold the conviction but the sentence of imprisonment is reduced from four years to two years and six months.
6. The Appeal is partly allowed and disposed of.
Order accordingly.
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