TMI Blog2014 (1) TMI 1833X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. - Criminal Appeal No. 5 of 2014 (Arising out of SLP (Crl.) No. 4284/2011) - - - Dated:- 2-1-2014 - B.S. Chauhan and S.A. Bobde Click here to see Judge Analytics, JJ. For Appellant: V. Sridhar Reddy and V.N. Raghupathy, Advs. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 498A Indian Penal Code and A3 to A5 for the offence Under Section 4 of Dowry Prohibition Act. So, Appellants 3 to 5 are entitled for acquittal. Appellants 1 and 2 are liable for punishment only Under Section 3 of Dowry Prohibition Act for having accepted three Demand Drafts and not explaining the same though burden is on them as per Section 8A. 21. In the result, the appeal is partly allowed. 1st Appellant is acquitted of the charge Under Section 498A Indian Penal Code, but his conviction for the Under Section 3 of Dowry Prohibition Act is confirmed including the sentence. The conviction of 2nd Appellant Under Section 3 of Dowry Prohibition Act is confirmed including the sentence. The appeal is allowed with regard to the Appellants 3 to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d with the fine which shall not be less than fifteen thousand rupees or the amount of the value of such dowry, whichever is more. Provided that the Court, for adequate and special reasons to be recorded in the judgment, impose a sentence of imprisonment for a term of less than five years. (Emphasis added) 8. In the instant case, 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. 9. In view of the above, we are not able to understand as under what circumstances without recording any reason wha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e crime warranting public abhorrence and it should 'respond to the society's cry for justice against the criminal'. (Emphasis added) (See also: Chinnadurai v. State of Tamil Nadu AIR 1996 SC 546; Sadhupati Nageswara Rao v. State of Andhra Pradesh AIR 2012 SC 3242; and Ajahar Ali v. State of West Bengal (2013) 10 SCC 31). 11. In State of Rajasthan v. Vinod Kumar AIR 2012 SC 2301, this Court while dealing with the issue of minimum sentence provided under the statute held: 19. Awarding punishment lesser than the minimum prescribed under Section 376, Indian Penal Code, is an exception to the general rule. Exception clause is to be invoked only in exceptional circumstances where the conditions incorporated in the exceptio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed to the effect that punishment should always he proportionate/commensurate to the gravity of offence.... The court has to decide the punishment after considering all aggravating and mitigating factors and the circumstances in which the crime has been committed. Conduct and state of mind of the accused......... and the gravity of the criminal act are the factors of paramount importance. The court must exercise its discretion in imposing the punishment objectively considering the facts and circumstances of the case. The power under the proviso is not to be used indiscriminately in a routine, casual and cavalier manner for the reason that an exception clause requires strict interpretation... The court while exercising the discretion ..... X X X X Extracts X X X X X X X X Extracts X X X X
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