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Report No. 84

2.27. Minimum punishment not favoured.-

Be that as it may, it should be noted that a rule prescribing a certain minimum punishment would not be in consonance with the "modern penology" which has been of late expounded in many cases by the Supreme Court. The circumstances in which the offence of rape is committed differ from case to case. Section 376, Indian Penal Code permits the Court to award life imprisonment or imprisonment upto ten years. The discretion of the Court in the matter of punishment should not be fettered by prescribing a certain minimum sentence. If the sentence awarded is heavy or light, it can always be corrected by the appellate or revisional court.



Rape and Allied Offences - Some Questions of Substantive Law, Procedire and Evidence Back




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