Search results for ‘SC 2003

Bhupinder Sharma Versus State of Himachal Pradesh [ALL SC 2003 October]

In order to exercise the discretion of reducing the sentence and statutory requirement is that the Court has to record ‘adequate and special reasons’ in the judgment and not fanciful reasons which would permit the Court to impose a sentence less than the prescribed minimum. The reason has not only to be adequate but special. What is adequate and special would depend upon several factors and no strait-jacket formula can be imposed.