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2014 (1) TMI 1833 - SC - Indian LawsQuantum of punishment - whims and fancies of the Court in deciding punishment - Held that: - the minimum sentence fixed by the legislature is five years, however, the court in an appropriate case alter recording the reason may award the sentence lesser than five years, but the fine shall not be less than ₹ 15,000/- or the amount of the value of such dowry, whichever is more - we are not able to understand as under what circumstances without recording any reason whatsoever it was permissible for the trial Court to award the sentence less than five (5) years. Awarding of punishment of 3 months by the trial Court was hopelessly disproportionate particularly in view of the fact that no mitigating circumstance has been pointed out by the trial court. Undoubtedly, 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. Matter remanded back to the High Court to determine the quantum of punishment - appeal allowed by way of remand.
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