Tuesday, February 12, 2019

Court Cannot Imposed Sentence Lesser Than The Minimum Sentence Prescribed By The Law: SC


The Supreme Court has observed that the minimum sentence prescribed by the law can not be punished less. The bench of Justice D.Y. Chandrachud and Justice Hemant Gupta ordered this during a case hearing under the SC ST Act. 

The lower court sentenced the accused to six months imprisonment and imposed a penalty of 500 rupees in the case.The verdict was challenged by the accused in the Madhya Pradesh High Court. The High Court considered the accused guilty in the case. During the hearing, the accused argued that the sentence should be reduced, the HC set aside the sentence of six months rigorous imprisonment, and modified it to period already undergone and increased the fine to Rs.3000.

This decision was challenged by the state government in the Supreme Court. In fact, the High Court accepted the plea to reduce the minimum punishment. Under Section 3 (1) of the SC ST Act, there is a provision of minimum 6 months imprisonment but which may extend to five years & with fine.
In the Supreme Court, it was argued by the state government that the court does not have the right to reduce punishment in the law. Even in the constitution, the Supreme Court has got boundless authority in Article 142 but under this, the minimum sentence can not be reduced.

Conclusion 


The Supreme Court agreed with the state government's plea and said that the court can not less the minimum punishment. In such a case, the order of the High Court is canceled. Even Article 142 can not be used to reduce the minimum sentence.

Read Judgment - click here

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