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2025 Supreme(SC) 1387

SUPREME COURT OF INDIA
B.V. NAGARATHNA AND SATISH CHANDRA SHARMA, JJ.
GIRDHARI – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent
Criminal Appeal No. 298 of 2025 (@ Special Leave Petition (Crl.) No. 15878 of 2024)
Decided on : 20-01-2025

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

Headnote:(A) Indian Penal Code, 1860 - Section 376(2)(f) - Criminal Procedure Code, 1973 - Section 374(2) - Appeal against conviction and life sentence for rape - Appellant convicted and sentenced to life imprisonment by Sessions Court; conviction upheld by High Court - Sentence modified to release after 20 years considering age and duration of incarceration. (Paras 2, 5, 7, 9)

(B) Sentencing Principles - Modification of sentence permissible in light of reformation and the interests of justice. (Paras 6, 8)

Facts of the case:
Appellant was convicted for an offence under Section 376(2)(f) of IPC and sentenced to life imprisonment; conviction affirmed by High Court. Now aged 64 and having served nearly 18 years in prison.

Findings of Court:
The court modified the sentence allowing for release after a total of 20 years for the appellant.

Issues: The primary issue was whether the sentence imposed was just and appropriate, especially considering the appellant's age and time served.

Ratio Decidendi: The court emphasized that the ends of justice are best served by modifying the sentence to permit release after 20 years, taking into account the appellant's age and length of incarceration.

Result: The appeal is allowed in part.

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 under Section 376 (2)(f) of the IPC.

6. It is noted that the appellant has already completed nearly eighteen years of incarceration. He is presently 64 years of age.

7. Having regard to these facts, we find that the ends of justice would be met if the appellant is directed to be released on completion of twenty years of imprisonment.

8. Accordingly, the sentence imposed by the Sessions Court, which has been sustained by the High Court stands modified.

9. The appeal is allowed in part in the aforesaid terms.

10. Pending application(s), if any, shall stand disposed of.

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