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
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
Prevention of Corruption Act, 1947
prescribes a minimum sentence of one year, in all cases of
conviction under the Act, with a proviso that ... fines or where a sentence of
imprisonment was passed a light sentence was awarded
even in cases where a severe sentence was called
sentence. It is also held that the
provisions of Article 142 of the Constitution cannot be
resorted to, to impose sentence less than the minimum ... lower sentence or not award a sentence of imprisonment.
Such discretion includes the discretion not to send the
accused to prison. Minimum sentence means
guilty, yet the trial court erroneously has
sentenced the appellants to a sentence much below the minimum sentence and,
therefore, this Court, in the fitness ... inherent
powers vested in it should enhance the sentence and sentence the accused to the
minimum sentence as mandated under the statute.
20. In fine
such condign
punishment and in that process wanted to fix a minimum sentence
of imprisonment for giving deterrent impact on other public
servants ... reasonable but
not less than the minimum prescribed under an enactment……
………For imposing the minimum sentence the Court has to record
special reasons. 'Special
face of it illegal being contrary to the minimum sentence prescribed under the Act. Mr. Trivedi further submitted that the respondent is alleged to have ... sentence within limits prescribed by the statute, the Legislature finding cases of misplaced sympathy in sentencing process fettered the courts discretion by prescribing a minimum
appeal or any other factor, is no ground when statute prescribes minimum sentence. So long delay will not vitiate the conviction. Hence, the argument advanced ... with s.5(2) of the Prevention of Corruption Act the minimum sentence prescribed is rigorous imprisonment for one year and there must also
referred to as ˜the PC Act ')
prescribes a minimum sentence of imprisonment for not less
than 1 year, an exception was carved ... that the Act does not
apply to all cases where a minimum sentence of imprisonment
is prescribed, there was no reason to specifically provide
Offenders Act, 1958
vis-a-vis those Acts wherein a minimum sentence of imprisonment
has been prescribed by the legislature, observed as under:-
"Even ... hereinafter referred to as 'the PC Act ') prescribes
a minimum sentence of imprisonment for not less than 1
year, an exception was carved
