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Padmini Mahendrabhai Gadda v. State of Gujarat

Criminal Appeal · 2017 INSC 622Decided 17 Jul 2017
Criminal Appeal No. 40 of 2007
Justice N.V. Ramana · Justice Prafulla C. Pant

Background

This is a split decision, not a final judgment. The appellant challenged her conviction under Section 201 IPC, for causing disappearance of evidence, in a murder case from Gujarat. She had been sentenced to seven years.

Decision Breakdown

This is a split decision, not a final judgment. Justice N.V. Ramana held that the conviction under Section 201 IPC could not be sustained on the facts and would have acquitted her. Justice Prafulla C. Pant held that the conviction was correctly made out but reduced the sentence from seven years to two years. In view of the disagreement, the Registry was directed to place the matter before the Chief Justice of India to constitute an appropriate Bench to dispose of it.

Lesson Learnt

There is no final ruling yet on whether the appellant's conviction under Section 201 IPC stands. When two judges disagree, the appeal goes to a fresh Bench.

Official source (sci.gov.in)View Judgment (PDF)

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