GIRDHARI vs STATE OF MADHYA PRADESH - 2025 Supreme(SC) 1387

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2025 Supreme(SC) 1387

B. V. NAGARATHNA, SATISH CHANDRA SHARMA
GIRDHARI – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Mr. Sushil Kumar Sharma, Advocate, Mr. Pahlad Singh Sharma, Advocate, Mr. Virendra Kumar, Advocate, Mr. Vikas Kakkar, Advocate and Ms. Ankhi Sarkar, Advocate
For the Respondent:Ms. Mrinal Gopal Elker, Advocate, Mr. Mukesh Kumar Verma, Advocate and Ms. Shruti Verma, Advocate

ORDER :

1. Leave granted.

2. In pursuance of FIR No. 17/2007 dated 12.01.2007 registered with P.S. Gadhakota, District Sagar, Madhya Pradesh, the appellant herein faced trial for the offence under Section 376(2)(f) of the INDIAN PENAL CODE , 1860 ("IPC").Vide judgment dated 22.08.2008 passed in Sessions Trial Case No. 126/2007, the Sessions Court convicted the appellant herein for the offence committed under Section 376(2)(f) of the IPC and sentenced him to life imprisonment.

3. Aggrieved, the appellant herein assailed the judgment of the Sessions Court before the High Court of Madhya Pradesh at Jabalpur in Criminal Appeal No. 2239 of 2008 filed under Section 374(2) of Cr.P.C. However, the High Court vide Impugned Order upheld and affirmed the order of the Sessions Court on both conviction and sentence. Aggrieved by same, the appellant has preferred the present criminal appeal.

4. We have heard learned counsel for the appellant and learned counsel for the respondent/State, at length.

5. We dispose of this appeal by modifying the sentence imposed on the appellant herein. Both the Sessions Court as well as the High Court have imposed the sentence of life imprisonment on the appellant unde

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