Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Sentence of imprisonment Dowry Prohibition Act |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) Dowry Prohibition Act, 1961 (28 of 1961) |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | s. 3 - Conviction - Sentence of imprisonment for 3 months and fine of Rs. 3000/- imposed by trial court - Reduced by High Court to period already undergone (4 days) - Held: Imposition of sentence is in the realm of discretion of the court and unless the sentence is found to be grossly inadequate, the appellate court would not be justified in interfering with the discretionary order of sentence - In the instant case, the minimum sentence fixed by legislature is five years, however, the court in an appropriate case after recording the reason may award the sentence lesser than five years, but fine shall not be less than Rs. 15, 000/- or the amount of the value of such dowry, whichever is more - Without recording any reason whatsoever it was not permissible for trial court to award sentence less than five years - Awarding of punishment of 3 months by trial court was hopelessly disproportionate particularly in view of the fact that no mitigating circumstance has been pointed out by trial court - High Court failed in its duty to take up the matter in its revisional power u/s 401 r/w s.386(e) of the Code of Criminal Procedure, 1973 and enhance the punishment commensurate to the offence committed by the accused - High Court grossly erred in reducing the sentence to four days - Sentence is set aside and the matter remanded back to the High Court to determine the quantum of punishment - Code of Criminal Code, 1973- s.401 r/w s.386 (e) - Sentence/Sentencing. |
Judge | N/A |
Neutral Citation | 2014 INSC 897 |
Petitioner | Savarala Sai Sree |
Respondent | Gurramkonda Vasudevarao & Ors |
SCR | [2014] 1 S.C.R. 1 |
Judgement Date | 2014-01-02 |
Case Number | 5 |
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