Summary
The High Court could not reduce the six-month statutory minimum imprisonment for the offence under former Section 3(1)(xi) of the SC/ST Act to eleven days already undergone by enhancing the fine. The conviction had not been contested in the High Court. The Supreme Court restored the trial court’s sentence and directed surrender to serve the remaining term.
Issues
- Whether a court could substitute imprisonment already undergone and a higher fine for the mandatory minimum sentence.
Provisions considered
- Section 3(1)(xi) and punishment under Section 3(1), before the 2016 amendment, Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989Prescribed imprisonment of at least six months and a fine, without discretion to reduce the custodial minimum on these facts. (¶¶ 4, 8–10)
Held
- Where the statute prescribes a minimum sentence without discretion to depart, the court cannot impose a lesser term. Article 142 cannot be invoked to supplant that substantive statutory mandate. (¶ 5–8)
- The respondent had confined his High Court appeal to sentence and did not dispute conviction. Reducing the six-month term to time already served, even with increased fine, was therefore impermissible. (¶¶ 3–4, 9)
- The High Court order was set aside and the respondent directed to undergo the remainder of the trial court’s sentence, surrendering within four weeks. (¶ 10)
Result
State’s appeal allowed; High Court order set aside and remaining trial-court sentence to be served after surrender within four weeks.