reasons for the sentence awarded,
and, in the case of a sentence of death, the special reasons for such
sentence.
68. Sub- section ... reasons for awarding such a sentence.
69. Thus, before awarding the sentence, not in a case when the
statutory minimum limit is fixed, the Court
reasons for the sentence awarded,
and, in the case of a sentence of death, the special reasons for such
sentence.
68. Sub- section ... reasons for awarding such a sentence.
69. Thus, before awarding the sentence, not in a case when the
statutory minimum limit is fixed, the Court
purpose of sentence. It is
further urged that the trial Court imposed the sentence higher than the
minimum sentence prescribed under the Act contrary ... trial Court ought to have not awarded
sentence more than minimum sentence sans merit. Because section 32B of
NDPS Act is not exhaustive
extended to the appellant since he has not served minimum sentence of three months as prescribed under Section 7 of the Act, 1955.
13. After ... probation officer concerned."
10. Even if there is minimum sentence provided in Section 7 of the EC Act, in our opinion, the appellant
Judge, while convicting and sentencing
the accused, has awarded only the minimum sentence. Not stopping with this,
the learned trial Judge has also extended ... since there was also no loss of lives, has awarded the minimum
sentence, which has been ordered to run concurrently by invoking Section
incident had taken place i.e. on 31/08/2017, the
minimum sentence which could have been passed for the offences for
which the Accused ... grave, we are not inclined to reduce it to
the minimum sentence. We therefore, are, of the opinion that the
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sentenced him to undergo rigorous imprisonment for six
months with fine of ₹500. The High Court reduced the sentence of
the respondent to the sentence ... minimum sentence. Even the provisions under Article 142 of the
Constitution cannot be resorted to impose a sentence less than the
minimum sentence. The principle
accused and further taking into consideration that the minimum
sentence is 20 years, which may extend to imprisonment for life which
means imprisonment for remainder ... which has been affirmed by the
High Court.
8. However, the minimum sentence Under Section 6 of the POCSO
Act is twenty years. Bearing
prescribes
minimum 5 years, thus, the punishment is exorbitant. The
counsel also would submit that the same can be reduced when
minimum sentence ... would
submit that 7 years rigorous imprisonment is exorbitant when
the minimum sentence is prescribed for the said offences i.e., 5
years when also
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
