VidhiSangh

Supreme Court of India · 08/08/2017

MAHENDRA SUBHASHBHAI VANKHEDE versus THE STATE OF GUJARAT ETC.

[2017] 7 S.C.R. 672 · 2017 INSC 716

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Summary

For a 2008 offence governed by the pre-2013 sentencing law, the Court accepted special reasons for a sentence below seven years. It considered the parties’ ages, voluntary elopement, absence of force or threats and the period already served. It directed release after more than three years in custody without setting aside the convictions.

Issues

  1. Whether the peculiar facts justified a sentence below seven years under the law applicable before the 2013 amendment.

Held

Result

Appeal allowed; appellant directed to be released forthwith if not required in another case, the imprisonment already undergone being sufficient. Convictions not set aside.

Judgment PDF: Supreme Court of India, [2017] 7 S.C.R. 672.