It may happen that the least sentence which can be inflicted under law against an offender is unsuitable in view of the particular circumstances of the case; e.g., a distraught mother of an infant jumps in a well with the infant who dies but the mother is saved. In such a case the only course left to the Court is to pass a lawful though unsuitable sentence and recommend the case to the Provincial Government for action under Section 401 or 402 of the Code.
