RAMASHRAYA CHAKRAVARTI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) To adjust the duration of imprisonment to the gravity of a particular offence is not always an easy task. Sentencing involves an element of guessing but often settles down to practice obtaining in particular court with inevitable differences arising in the context of the times and events in the light of social imperatives. It is always a matter of judicial discretion subject to any mandatory minimum prescribed by law.

(2.) Hegel in his 'Philosopy of Right', pithily put the difficulty as follows:-

(3.) The present appeal by special leave being limited to sentence we are to consider about the appropriate deserts for the appellant in this case.