- In Monirul Molla vs State of West Bengal the Hon’ble Calcutta HC has held that a sentence of imprisonment for life without the possibility of remission can only be granted by the trial Courts in rape cases and no others.
- The Court was hearing an appeal against a conviction for murder and offences under the Arms Act, where one of the appellants was sentenced to imprisonment for life until death. While upholding the conviction, the Hon’ble HC held that such sentences can only be imposed by the Supreme Court or the High Courts while commuting a sentence of death to that of imprisonment for life.
- The Court relied upon the decision of the Apex Court in Union of India vs V. Sriharan alias Murugram and ors and Gauri Shankar vs State of Punjab and observed that except for cases where the law provides for a sentence of imprisonment for life, which means imprisonment till the remainder of that person’s natural life, as is provided in sections 376A, 376AB, 376D, 376DA, 376DB and 376E of IPC, trial Courts while imposing a sentence of life imprisonment as is provided in section 53 IPC, cannot qualify the said sentence by adding that the sentence shall continue till the remainder of that person’s natural life.
- The HC had observed that it had noted that in a number of cases, the trial Courts have been sentencing the accused persons to imprisonment for life without the possibility of remission, and this is why it felt the need to issue a practice direction to all the judicial officers in the State so that they do not commit the same error in the coming future.
- The High Court’s Registrar General was directed to circulate the directive to all the Judicial Officers in the State for intimation and due adherence in the future.
- However, the HC also noted that the Court’s discretion would not encroach upon the constitutional powers of the President and the Governor under Articles 72 and 161 of the Constitution.
"Loved reading this piece by Shweta?
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"
