Supreme CourtDivision Bench

Vinod Kumar @ Bittu vs State of Delhi

Supreme Court Of India · Decided on 16 July 2010 · Citation: (2010) CriLJ 3870 : (2010) 13 SCC 774 : (2011) 2 SCC(Cri) 425

HON’BLE JUDGES
Deepak Verma, J · Dalveer Bhandari, J
ACTS & SECTIONS REFERRED
Penal Code, 1860 (IPC) — Section 34, 366, 376(2)
RESULT
Dismissed
CASE NUMBER
Criminal Appeal No. 1270 of 2010 (Arising out of SLP (Criminal) No. 1701 of 2010)
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Judgment

6 paragraphs · 190 words
1.

We have heard learned Counsel for the parties.

2.

Leave granted.

3.

The appellant-Vinod Kumar @ Bittu was convicted by the trial Court and was sentenced to rigorous imprisonment for ten years and to pay fine of Rs. 5,000/- and in default of payment of fine to further undergo rigorous imprisonment for the period of two years for the offence u/s 376(2) to further undergo rigorous imprisonment for seven years and to pay fine of Rs. 4,000/- u/s 366 IPC and in default of payment of fine to further undergo rigorous imprisonment for a period of eighteen months. The appellant was acquitted u/s 376(2)(g), however, he was convicted u/s 366/34 of the Indian Penal Code and was sentenced to imprisonment for four years.

4.

The incident is of 1983 and at that time the appellant was 17 years of age. Now he is married and having children.

5.

In the facts and circumstances of this case, we deem it appropriate to uphold the conviction but the sentence of imprisonment is reduced from four years to two years and six months.

6.

The Appeal is partly allowed and disposed of.