TMI Blog2005 (10) TMI 578X X X X Extracts X X X X X X X X Extracts X X X X ..... victed the accused under Sections 363, 366 and 376(2)(g) I.P.C. and sentenced him to various terms of imprisonment and fine. He was awarded a sentence of 10 years R.I. and a fine of ₹ 3,000/-and in default to undergo R.I. for a further period of six months under Section 376(2)(g) I.P.C. The High Court partly allowed the appeal and while upholding the conviction of the accused on various counts reduced the sentence to the period already undergone which is nearly 9-1/2 months. 5. Learned counsel for the appellant has submitted that the sentence imposed by the High Court is wholly inadequate looking to the nature of the offence and is contrary to the minimum prescribed by law. 6. Sub-section (1) of Section 376 I.P.C. provides that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the parties. 8. Chapter XXIX of Code of Criminal Procedure deals with APPEALS. Section 384 Cr.P.C. empowers the appellate Court to dismiss an appeal summarily if it considers that there is no sufficient ground for interference. Section 385 Cr.P.C. gives the procedure for hearing appeals not dismissed summarily and Section 386 Cr.P.C. gives the powers of the appellate Court. In Amar Singh v. Balwinder Singh 2003CriLJ1282 , the duty of the appellate Court while hearing a criminal appeal in the light of the aforesaid provisions was explained and para 7 of the report reads as under : 7. The learned Sessions Judge after placing reliance on the testimony of the eye-witnesses and the medical evidence on record was of the opinion that the ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Sessions Court and without perusing evidence adduced by prosecution, there was a flagrant mis-carriage of justice and the order of acquittal was liable to be set aside. It was further held that the fact that the Public Prosecutor conceded that there was no evidence, was not enough and the High Court had to satisfy itself upon perusal of the records that there was no reliable and credible evidence to warrant the conviction of the accused. In State of UP v. Sahai and Ors. 1981CriLJ1034 it was observed that where the High Court has not cared to examine the details of the intrinsic merits of the evidence of the eye-witnesses and has rejected their evidence on the general grounds, the order of acquittal passed by the High Court resulted in a gro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1) and 376(2) I.P.C. give the power to the court to award a sentence lesser than the minimum for adequate and special reasons. The power under the proviso is not to be used indiscriminately or routinely. It is to be used sparingly and only in cases where special facts and circumstances justify a reduction. The reasons must be relevant to the exercise of such discretion vested in the court. The reasons must be set out clearly and cogently. The mere existence of a discretion by itself does not justify its exercise. The long pendency of the criminal trial or the offer of the rapist to marry the victim are not relevant reasons. Nor is the age of the offender by itself an adequate reason. 12. The punishments prescribed by the Penal Code refle ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the court to impose a proper punishment depending on the degree of criminality and desirability for imposing such punishment. In Earabhadrappa v. State of Karnataka, this Court observed, A sentence or pattern of sentence which fails to take due account of the gravity of the offence can seriously undermine respect for law. It is the duty of the court to impose a proper punishment depending upon the degree of criminality and desirability to impose such punishment as a measure of social necessity as a means of deterring other potential offenders. In Rajendra Prasad v. State of Uttar Pradesh 1979CriLJ792 Justice Sen stated, Judges are entitled to hold their own views, but it is the bounden duty of the Court to impose a proper punishment, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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