ALI HASAN @ MALLAH Vs. STATE OF UTTARAKHAND

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Crl.), 1655 of 2015, Judgment Date: Dec 08, 2015

                                                              NON-REPORTABLE
                        IN THE SUPREME COURT OF INDIA
                       CRIMINAL APPELLATE JURISDICTION


                      CRIMINAL APPEAL NO. 1655 OF 2015
(Arising out of Special Leave Petition (Crl.) No(s).9245/2013)


ALI HASAN @ MALLAH                                               APPELLANT(S)


                                    VERSUS


STATE OF UTTARAKHAND                                            RESPONDENT(S)



                               J U D G M E N T

KURIAN ,J.


      Leave granted.

      Heard learned counsel appearing for the appellant and learned  counsel
appearing for the respondent-State.

      The appellant is aggrieved by the conviction under Sections   376  and
506 of the Indian Penal Code,1860 (for short  'IPC')  and  sentence  of  ten
years and one year respectively with default clause. Having  regard  to  the
facts and circumstances of the present case, We are of the  considered  view
that hearing of the appeal be limited to quantum of  sentence.  Neither  the
Trial Court nor the High Court has given any indication  for  the  award  of
ten years under Section 376 IPC. Having regard to the facts of the case,  we
are of view that ends of justice would be met by limiting  the  sentence  to
the prescribed  minimum.  Therefore,  the  sentence  under  Section  376  is
modified to the prescribed minimum of seven years. We make it clear that  no
other modification is made in the sentence  under  Section  506  or  in  the
default clause. However, the sentences shall run concurrently.

      The appeal is partly allowed as above.

                                                   ......................J.
                                                             [KURIAN JOSEPH]


                                                   ......................J.
                                                               [ARUN MISHRA]
NEW DELHI;
DECEMBER 08,2015