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
from sexual offences, legislature has enacted the POCSO Act and provided
minimum sentence for the offence punishable under Section 10 of the Act,
which ... submitted that since legislature
has provided minimum sentence, Court should not impose lesser sentence
than the minimum sentence as provided under
substantive sentence. His grievance is limited to the substantive
sentence and default sentence having not been made to run
concurrently with similar sentences awarded ... substantive sentence. His grievance is limited to the substantive
sentence and default sentence having not been made to run
concurrently with similar sentences awarded
Delhi High Court, in a case under Essential Commodities Act where
minimum sentence is provided, reduced the sentence to fine only.
On the other hand ... sentence lesser than the sentence provided by the statute can be awarded. The appellants
have already been awarded the minimum sentence requiring no further reduction
extent of one half or one forth of the
minimum sentence as prescribed under the law ?
Ans. Yes, I understand that as a result ... extent of one half or one fourth of the minimum sentence
as prescribed under the law.
Q23 Do you understand that judgment delivered
Defence of India Rules which prescribed a
minimum sentence and Section 43 of the
Defence of India Act, 1962 almost similar to the
Vikash Bansal ... where a specific enactment, enacted after the
Probation Act prescribes a minimum sentence
of imprisonment, the provisions of Probation
Act cannot be invoked
Cbi vs . 1) Ashok Kumar Sehgal on 25 August, 2014
1
IN THE COURT OF
Section 123 and 135 of the
Customs Act that mandated minimum sentence of three years
where the value of confiscated goods was more than ... than the minimum prescribed; that mere fact that
convict regretted commission of crime was no legal
consideration to dilute the minimum sentence.
14. Referring
that a lenient view be taken, while sentencing the convict and minimum
sentence be awarded to him.
Learned defence counsel has contended that convict Ashish ... Sentence: 28/08/2014
ORDER ON SENTENCE
Present: Ld Substitute APP for State.
Convicts all three from JC.
Heard on the point of sentence.
Learned
which was opposed by the State on the ground that minimum sentence of
7 years is provided for U/s 397 IPC and same cannot ... hereinafter referred to as
'the PC Act ') prescribes a minimum sentence of
imprisonment for not less than 1 year, an
exception was carved
