Minimum sentence for a crime can’t be reduced: SC

The Supreme Court has said that the minimum prescribed sentence for a crime cannot be reduced for "fanciful reasons" but only after adequate justification.

The apex court said that though courts have the power to reduce the quantum of punishment in exceptional cases, yet, the power has to be exercised in a judicious manner after giving valid and adequate justification.

"In order to exercise the discretion of reducing the sentence the statutory requirement is that the court has to record 'adequate and special reasons' in the judgement and not fanciful reasons which would permit the court to impose a sentence less than the prescribed minimum.

The reason has not only to be adequate but also special. What is adequate and special would depend upon several factors and no strait-jacket formula can be indicated," a three-judge bench of Justices Arijit Pasayat, D K Jain and Mukundakam Sharma observed in a judgement.

The bench passed the observation while setting aside a Madhya Pradesh High Court order reducing the original sentence imposed by a sessions court on a rapist Basodi to the "period already undergone". The judgement, however, did not specify the original sentence imposed by the sessions court.

The High Court had reduced the sentence on the ground that Basodi was an illiterate labourer belonging to the Scheduled Tribe.