In the case of Sohan Lal vs. State of Uttar Pradesh, the Supreme Court examined the legality of actions related to abduction without the use of unlawful means like force or deception. It clarified that if a husband takes his wife willingly, it does not constitute abduction under normal circumstances. However, deception or force would make it an abduction case.
Sohan Lal, Jiwan, and Janki were convicted by the Additional Sessions Judge in Rampur under Section 302 and Section 34 of the Indian Penal Code. Sohan Lal received a life sentence for murder, while Jiwan and Janki were sentenced to one year and six months in prison for other offenses.
The main issue revolved around the sentencing policy and the factors influencing the quantum of sentencing.
Sentencing under the Criminal Procedure Code involves determining penalties like imprisonment or fines to deter crime and protect society. Factors considered include the severity of the crime, circumstances of its commission, offender's background, and potential for rehabilitation.
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