Do Not Award Less Punishment Than Prescribed By Law, Says Sc

Judges Can Lower The Sentence Only In Exceptional Cases: Ruling New Delhi: 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.” This ruling, asking the judges to award at least the minimum sentence prescribed by the legislature, assumes significance as in India there is no statutory sentencing policy for the judiciary. The judicial discipline regarding sentencing is often culled out from judgments of the Supreme Court. “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 comprising Justices S B Sinha and Cyriac Joseph. 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 for misappropriating some amount of the essential commodity. 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 oil. It asked the accused to surrender before the Special Judge in Hooghly, West Bengal, to serve the sentence of six months imposed on him earlier.

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