VidhiSangh

Supreme Court of India · 16/11/2018

SANTOSH @ SANTOSH KUMAR versus STATE OF KERALA

[2018] 13 S.C.R. 1183 · 2018 INSC 1069

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

In an appeal confined to sentence for an Abkari Act offence, the Supreme Court reduced the three-year custodial term to the period already undergone, approximately one year and three months. It considered the age of the incident, the appellant’s custody, absence of other criminal involvement and acquittal of one co-accused. The fine was increased from Rs.1 lakh to Rs.1.5 lakh, with one further year of imprisonment on failure to deposit the enhanced fine.

Issues

  1. Whether the custodial sentence warranted reduction on the circumstances of this case.
  2. Whether the statutory fine was mandatory and could exceed its minimum.

Provisions considered

Held

Result

Appeal allowed on sentence. Custody reduced to the period already undergone; fine enhanced to Rs.1.5 lakh, with one further year of imprisonment on failure to deposit the enhanced fine. Conviction undisturbed.

Judgment PDF: Supreme Court of India, [2018] 13 S.C.R. 1183.