therefore, be accepted
that only the minimum sentence is imposable and not the maximum sentence.
Merely because minimum sentence is provided that does not mean ... minimum is laid down, the sentencing judge has no option but
to give a sentence “not less than” that sentence provided for. Therefore, the
words
sentence of
more than 7 years imprisonment but not providing any minimum
sentence, or providing a minimum sentence of less than 7 years ... years or fine, or both in the second part. No minimum
sentence is prescribed.
4. The deceased in the motor vehicle accident was the brother
convicted only under Section 7 and
Section 161 Cr.PC., the minimum sentence being six months
and of the fact that he had suffered custody ... hand, wherein
the appellant had undergone only 52 days when the minimum
sentence was six months under Section 7 and one year under
Section
under
Prevention of Food Adulteration Act, 1954 -Accused below 20
years-Minimum sentence of imprisonment and fine prescribed
as punishment for offence If Probation ... Prevention of Food Adulteration Act Prescribed a minimum
sentence of imprisonment for 6 months and a fine of Rs.
1000.
Allowing the appeal to this
lower sentence or not award a
sentence of imprisonment. Such discretion includes the
discretion not to send the accused to prison. Minimum
sentence means ... minimum
sentence. It is also held that provisions of Article 142 of the
Constitution cannot be resorted to impose sentence less than the
minimum sentence
good conduct, for Section 4 of the
1961 Act prescribes a minimum sentence. Additionally, it is also
canvassed by him that even if the said ... lower sentence or
not award a sentence of imprisonment. Such discretion includes the
discretion not to send the accused to prison. Minimum sentence
means
India Rules was
proved against the Respondent and that the minimum sentence
prescribed was six months.
The High Court however released the Respondent on
probation ... offences under the Defence of India Rules
which prescribe a minimum sentence of imprisonment.
In an appeal by special leave the Department contended
that
convicted of the offence under Section 304-B IPC which provides
minimum sentence of 7 years RI is not entitled to the benefit ... this question would depend on the proposition
whether prescribing of minimum sentence for the offence under Section
304-B IPC introduced
amicably resolved. However, counsel for respondent no.1 submitted that
the minimum sentence provided by the statute under Section 397 is 7 years ... Vikram Das2 opining that the courts cannot impose less than the minimum
sentence prescribed by the statute. He thus seeks continuing detention of
the appellants
offence
under Section 376 , IPC, the trial court imposed the minimum
sentence of seven years rigorous imprisonment and a fine ... invoke the proviso to Section 376(1) , IPC and reduce the minimum
sentence of seven years for the offence of rape as provided in
Section
