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Report No. 172

3.2.2. Views of "Sakshi" considered.-

Though the representatives of Sakshi have suggested that we should delete the second proviso to section 376 (1) and the proviso to section 376 (2) (which confer a discretion upon the court to award a sentence lesser than the minimum punishment prescribed by the sub-sections), we are not satisfied that there are any good reasons for doing so. Any number of situations may arise, which it is not possible to foresee, and which may necessitate the awarding of lesser punishment than the minimum punishment prescribed. Safeguard against abuse is provided by requiring that adequate and special reasons be mentioned in the judgment, for awarding such lesser punishment. Nor is there justification in the criticism that such discretion once conferred is liable to be abused or that it will always be misused to help the accused.



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