Kailash Yadav vs The State Of Madhya Pradesh
2023 Latest Caselaw 2896 MP

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                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                          CRA No. 560 of 2022
                                     (KAILASH YADAV AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                          Dated : 16-02-2023
                                    Shri Nitin Shukla, learned counsel for the appellant.

                                    Shri Piyush Jain, learned Government Advocate for the respondent

State.

During the course of arguments in I.A. No.14747/2022 an application under Section 389(1) CrPC filed on behalf of appellant Kailash Yadav, it is

noticed from the concluding portion of the impugned Judgment dated 30.11.2021 in particular paragraph 66, that the appellants Kailash, Rajni and Khairunisha on being found guilty of having committed the offence punishable under Section 370 of IPC, have been sentenced to 5 years of R.I.

Pertinently, the incident in question took place on 16.03.2013 before which Section 370 of IPC was amended, interalia providing for a minimum sentence of 7 years and a maximum of 10 years w.e.f. 03.02.2013.

In view of the above, primafacie it appears that the appellants have been sentenced to less than the minimum punishment prescribed for the offence

under Section 370 of IPC.

In this regard, the Registry is directed to requisite explanation of learned trial Judge. On receipt of explanation, the same be listed before this Bench.

                             (SHEEL NAGU)                                                (VIRENDER SINGH)
                                 JUDGE                                                        JUDGE

                          Loretta




Signature Not Verified
Signed by: MRS. LORETTA
RAJ
Signing time: 2/20/2023
3:12:51 PM