Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | SC ST Act s.3(1)(xi) minimum sentence |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India Scheduled Castes and Scheduled Tribes (prevention of Atrocities) Act, 1989 (33 of 1989) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 – s.3(1)(xi) – Trial court convicted the respondent for an offence under s.3(1)(xi) and sentenced him to undergo 6 months RI with fine of Rs.500/- – Conviction was not disputed by the respondent before the High Court and only quantum of punishment was disputed – High Court modified sentence of 6 months RI to the extent of sentence already undergone, however, it enhanced the fine amount of Rs.500/- to Rs.3000/- – Appeal by State on the ground that sentence, less than minimum sentence,cannot be granted – Held: Where minimum sentence is provided for, the Court cannot impose less than the minimum sentence – The provisions of Art.142 of the Constitution cannot be resorted to impose sentence less than the minimum sentence – s.3(1) of the Act provides for a punishment for a term which shall not be less than six months but which may extend to five years and with fine – Therefore, High Court could not have awarded sentence less than the minimum sentence contemplated by the Statute – The order passed by High Court is set aside – The respondent is directed to undergo the remaining sentence imposed by the trial court for offence under s.3(1)(xi) of the Act – Sentence/Sentencing – Constitution of India– Art.142. |
Judge | Hon'ble Mr. Justice Hemant Gupta |
Neutral Citation | 2019 INSC 161 |
Petitioner | State Of Madhya Pradesh |
Respondent | Vikram Das |
SCR | [2019] 3 S.C.R. 691 |
Judgement Date | 2019-02-08 |
Case Number | 208 |
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