Dileep vs State Of U.P. on 6 April, 2018
14. Consequently when the fact and situation as has arisen in the instant revision is seen in the context of the law laid down by the Hon'ble Supreme Court in the case of Mohd. Hashim (supra) what this Court finds is that the Hon'ble Supreme Court has categorically laid down that when the legislature has prescribed a minimum sentence without discretion, the same cannot be reduced by the Courts inasmuch as the imposition of minimum sentence is mandatory and leaves no discretion to a Court of law to reduce it. However, when the legislation prescribes a minimum sentence but at the same time grants discretion to the Court to either award a lesser sentence or not to award a sentence, then such discretion would entail the statute not prescribing a minimum sentence and consequently the benefit of Section 4 of the Act, 1958 can be extended to the convict for reasons to be recorded.