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
committed error by even awarding sentence less than minimum prescribed. As pointed out earlier the minimum sentence prescribed in the proviso for sentence for term ... trial Court has awarded sentence less than minimum. Under the garb of awarding minimum sentence under the proviso to Section 16 . It is crystal clear
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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
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
learned Judge, he found that the sentence of seven years R.I. with fine of Rs. 1000/- and sentence under Section ... sufficient to meet the ends of justice. He noticed that the minimum sentence which is prescribed by law in case of police officer
identical with with
the earlier deleted section except for the minimum sentence of 20 years
Rigorous imprisonment .
23. It would be apposite to refer ... identical offence except that
{12}
CRAPL 167.20 R..odt
the minimum sentence provided is 20 years of rigorous imprisonment .
26. The charge under Section
penalty provided in Section 31-A is in the nature of
minimum sentence in respect of repeat offences by the same offenders of
specified activities ... table. It is not open to the Court to reduce the minimum
sentence, when provided for by the Legislature.
22. Our attention was drawn
ultimately found that the facts of the case required that the minimum sentence required to be imposed under the provisions of the Prevention of Food ... Prevention of Food Adulteration Act was attracted and a minimum sentence as awarded by the Sessions Judge was a lawful sentence. Any lesser sentence
supra), was called upon to decide a case
where a mandatory minimum sentence of 5 years for the offence of
distributing more than ... weight of the pure
LSD, which determines the eligibility for the minimum sentence. In the said
SQ Pathan 25/53
wp-2077-2021.doc
case
