Union Of India vs Shankar Lal Soni & Anr on 8 December, 2009
22. On a plain and simple reading of the said provision,
there could be no doubt in anybody's mind that the convicts in
the normal course should have only been awarded up to
maximum period of sentence unless there were found special
and adequate reasons for lessor sentence. Section 135 (3) of the
Act then provided that mere fact that accused was first time
offender or that his goods has been confiscated or penalty has
been imposed besides the fact that he was not a principal
Union of India v. Shankar Lal Aggarwal & Ors. 13/ 22
14
offender as or his age, shall not be such factors on which
sentence could be awarded for a period of less than one year.