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
offence under Section 4 of the POCSO
Act is illegal as minimum sentence that is prescribed under
the provisions of Section 4 of the POCSO ... discretion vested in the learned
Special judge to reduce the minimum sentence of seven
years to five years and sought for allowing the appeal
Section 6 of POCSO Act
for aggravated penetrative sexual assault the minimum
sentence shall not be less than ten years along with fine ... under Section 5(L) of POCSO Act, he has
not imposed minimum sentence prescribed under the statute
but imposed only 7 years of imprisonment which
minimum
imprisonment of 7 years was prescribed which may extend
to life and fine but the learned Sessions Judge has not
even imposed minimum sentence ... sentencing policy and has not appreciated the factual
aspects. Hence, he would request to enhance the sentence
by imposing at least the minimum sentence prescribed
impose a substantive sentence of imprisonment, the sentence should not be less than one month which is the statutory minimum. Similarly, when the Court chooses ... pass a sentence of imprisonment and also of fine, and in both cases, the sentence should not be below the statutory minimum. There
special kind of offence provided and as the minimum sentence of imprisonment for six months is prescribed under Rule 126-P of the Rules ... invoked in spite of the fact being that minimum sentence of imprisonment has been prescribed by Statute in regard to those offences. Therefore
award lesser sentence having regard to the facts and circumstances of the case, the lesser sentence cannot be less than the minimum prescribed. The learned ... minimum sentence and does not provide for any exceptions or vests the Court with any discretion to award a sentence below the prescribed minimum under
final report, it will only be for an offence which has minimum
sentence of ten years. If the offence now alleged against these
accused ... noticed, it does not have a threshold minimum
sentence of ten years, but it is extendable up to ten years.
Therefore, the term
final report, it will only be for an offence which has minimum
sentence of ten years. If the offence now alleged against these
accused ... noticed, it does not have a threshold minimum
sentence of ten years, but it is extendable up to ten years.
Therefore, the term
minimum punishment of penalty till rising of the Court. He
contends that accused Nos. 7 to 12 have also pleaded
guilty and imposed minimum sentence ... application with pre condition of pleading guilty and
requesting to impose minimum sentence till rising of the
Court. It is the discretion of the trial
