RAMBABU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) 12. It is clear on a bare reading of the provisions of Section 304 -B (supra) that the term of imprisonment provided for the commission of an offence punishable under Section 304 -B of the Indian Penal Code is imprisonment for life but it should not be less than seven years. The intention of the Legislature in providing that the imprisonment under this Section shall not be less than seven years, is to award severe punishment to the guilty person, therefore, by providing the minimum period of imprisonment of seven years, the Legislature intended to prevent the Courts from passing a sentence of less than seven years when a case under Section 304 -B of the Indian Penal Code is proved, and thus, the discretion of the Court to pass a sentence of less than seven years has been ousted. The Court in its discretion, however, may pass a sentence of imprisonment which may extend to imprisonment for life but the imprisonment so awarded should not be less than seven years. Therefore, for the purpose of the proviso to sub -section (2) of Section 167 of the Code supra, the expression "imprisonment for term of not less than ten years" as used therein will apply only to the cases wherein the maximum provided punishment of imprisonment is less than ten years and not to such cases where the law provides maximum punishment of imprisonment of ten or more years but also provides a minimum sentence of less than ten years imprisonment.