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State of Rajasthan vs. Chandra Avtar & Anr.

52.00 5.20

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Code of Criminal Procedure, 1973–Sec. 377 [Corresponding Sec. 418 of BNSS, 2023]–Penal Code, 1860–Sec. 420, 468/471 & 392–Appeal by State for enhancement in sentence–The Appellate Court would ordinarily refrain from subsistuting its own view unless the sentence suffers from perversity–Patent illegality, or is demonstrably inadequate due to non-consideration of relevant factors–None of the offences for which the respondents stand convicted, prescribes a statutory minimum sentence–Therefore, the Trial Court had a wide sentencing latitude ranging from a nominal term to the maximum permissible punishment under law–The senence awarded falls squarely within the statutory framework–No cogent material has been produced to substantiate the plea that the punishment imposed is so lenient as to shock the conscience of the Court–Interference declined.