SC to judges: Don’t award sentence lesser than minimum

The Supreme Court has disapproved the wide discretion exercised by higher court judges in reducing the sentence imposed by trial courts, sometimes even going below the minimum provided in the law enacted by Parliament. Cautioning the judges against such indiscretion, the apex court in a judgment last week said: ‘‘If Parliament has provided for a minimum sentence, the same should ordinarily be imposed save and except some exceptional cases which may justify invocation of the proviso to the penal provision.’’

‘‘Ordinarily, the legislative sentencing policy as laid in some special Acts where the parliamentary intent has been expressed in unequivocal terms should be applied. Sentence of less than the minimum prescribed by Parliament may be imposed only in exceptional cases,’’ said a Bench. The Bench, through this judgment, dismissed the appeal of a kerosene dealer seeking leniency in sentence after being convicted and sentenced for six months imprisonment.

The dealer said the Essential Commodities Act itself provided for a sentence of less than three months if the judge deciding the case found special reasons in favour of the accused. Rejecting this plea, the Bench said no such special reason could be found in favour of the kerosene dealer as he was found to have committed irregularities in the storage of kerosene.
Source:-The Times of India Delhi 27 December 2008 P. 9
For any query:- legalpoint@aol.in