isolated instance where
minimum sentence and minimum fine have been prescribed by the
Legislature. By prescribing the minimum sentence and minimum fine,
the Legislature - keeping ... sentence) "Though there is power to
combine a sentence of death with a sentence of fine that power is
sparingly exercised because the sentence
minimum sentence of three months is laid down and the maximum sentence is seven years. The trial Court has awarded only the minimum prescribed sentence ... spirit underlying the prescription of minimum sentence. There is, therefore, no question of either reducing the sentence below minimum prescribed by law or to release
though there is a minimum fine of Rs.1 Lakh imposed, there is no
minimum default sentence provided for the non-payment of the
fine ... dated 14.09.2016 and whilst upholding the
minimum fine imposed vide the impugned judgment dated 14.09.2016
and minimum sentence imposed vide the impugned order on sentence
indicates that the minimum punishment provided in it can be further scaled down. When the statute has fixed the minimum sentence, no Court can even ... sentence lower than the minimum prescribed could he awarded. The High Court itself felt bound to award the minimum sentence but on merits was satisfied
sentence may be treated as enhancement of sentence and all the three accused be accordingly released forthwith as having undergone the period of enhanced sentences ... surprise by imposing sentence lesser than the minimum prescribed. Fifteenthly, over and above the statutory minimum sentence prescribed under the Act, having regard
that the same was ex-fade illegal being contrary to the minimum sentence as prescribed under the relevant clauses of Section 27 of the said ... minimum sentence and yet, the learned Magistrate if in contravention of die same awarded a sentence which was less than minimum on the plea
from sexual offences, legislature has enacted the POCSO Act and
provided minimum sentence for the offences punishable under Section 8 of
the Act, which ... submitted that since legislature
has provided minimum sentence, Court should not impose lesser sentence
than minimum sentence as provided under the Act as it would
Downloaded on - 09/06/2013 14:00:32 :::
- 5 -
imposed the minimum sentence of 10 years for the said
offence and also convicted ... question of sentence, Shri Mohite,
learned Counsel appearing on behalf of the appellant
submitted
that this Court may award sentence below the
minimum sentence which
years or less. Hence, it could not
be said that minimum sentence would be 10 years or more. Further, in context
also if we consider ... 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 of six months under Section 7 and minimum
of one year under Section 13(2) of the Act, both the
sentences to run concurrently ... prison. Minimum sentence means a
sentence which must be imposed without leaving
any discretion to the Court not to award
minimum sentence cannot be equated
