State (Gnct Of Delhi) vs Mukim Ali @ Jumman Ali & Ors. on 18 May, 2020
11. Next, she submitted that the appeal was unmerited as the
impugned order did not suffer from any manifest error. She stated that
an appellate court would interfere with the sentence only where it
shocks the court's conscience and in exceptional cases, where it finds
the order on sentence manifestly erroneous. She submitted that there
was no minimum sentence prescribed for committing an offence
punishable under Section 308/34 of the IPC (the offence for which the
respondents were convicted) and therefore, the sentence awarded to
them was well within the scope of the Trial Court's discretion. She
submitted that since there was no manifest error in the quantum of
sentence awarded to the respondents, the present appeal ought to be
dismissed. She relied upon the decisions of the Division Bench of this
Court in State v. Sonu: Crl.