HARFE RAM Vs. STATE OF H P

JUDGEMENT

(1.) Heard learned counsel appearing for the appellant as also learned Additional Advocate General on the question of sentence. This appeal was kept for this purpose as the same has been disposed of on merits.

(2.) Learned Additional Advocate General at the threshold submits that this Court has no jurisdiction to reduce the sentence as the minimum sentence as prescribed under Section 376 IPC is seven years and admits no exception. He relies upon the decision of the Supreme Court in State of Rajasthan vs. Vinod kumar, 2012 6 SCC 770. Learned Additional Advocate General stresses that punishment should be commensurate with the offence and at least minimum punishment as has been prescribed should be imposed. In Vinod Kumar's casethe Supreme Court holds:-

(3.) I do not find that this lays down the proposition that in all circumstances the sentence can not be reduced as recording of reasons for awarding lesser sentence is sine qua non. Learned counsel for the appellant places reliance on the decision of the Supreme Court in Mohd. Imran Khan vs. State Government (NCT of Delhi), 2011 10 SCC 192 holding:-