imposition of the minimum sentence prescribed under the Act as it was not awarded to the second accused, who has been found guilty.
3. Accused ... that when a minimum sentence is prescribed under a statute, the High Court cannot reduce the sentence below the minimum prescribed under
matters were taken up by Justice R.Balasubramanian, on noticing that minimum sentence of 10 years was a not imposed under Section ... offence under Section 376(g) shall not be enhanced to a minimum sentence of 10 years prescribed under law.
5. Only after receipt
awarding a lesser sentence, it is submitted that the lower court has erred in awarding a lesser sentence, minimum of which has been mentioned under ... minimum sentence, but only imposing the sentence of imprisonment till the rising of the court and a fine as it is sentence of imprisonment till
years or less. Hence, it could not
be said that minimum sentence would be 10 years or more. Further, in context
also if we consider ... 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
whether, inspite of the fact that there is a prescribed minimum sentence of imprisonment and fine, can the trial court, in exercise of discretionary power ... where the minimum sentence is provided for, normally, this Court has no discretion even to award a sentence less than the minimum prescribed sentence. While
whether inspite of the fact that there is a prescribed minimum sentence of imprisonment and fine, can the trial Court in exercise of discretionary power ... where the minimum sentence is provided for, normally, this Court has no discretion even to award a sentence less than the minimum prescribed sentence. While
whether, inspite of the fact that there is a prescribed minimum sentence of imprisonment and fine, can the trial Court in exercise of discretionary power ... where the minimum sentence is provided for, normally, this Court has no discretion even to award a sentence less than the minimum prescribed sentence. While
whether, inspite of the fact that there is a prescribed minimum sentence of imprisonment and fine, can the trial Court in exercise of discretionary power ... where the minimum sentence is provided for, normally, this Court has no discretion even to award a sentence less than the minimum prescribed sentence. While
certainly
imposed with sentence of imprisonment. The Act prescribes
half the sentence of imprisonment in case of the offence
where minimum sentence is prescribed ... where the sentence of imprisonment is extendable to a
certain period, then the Court may not impose sentence of
imprisonment, if the sentence prescribed
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
