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Criminal LawSupreme Court of India

Parveen v. State of Haryana

Criminal Appeal · Neutral citation not assigned (Criminal Appeal No. 49 of 2016)Decided 19 Jan 2016
Criminal Appeal No. 49 of 2016
Justice V. Gopala Gowda · Justice Uday Umesh Lalit

Background

The appellant and a co-accused were convicted of attempting to rob passing vehicles at a deserted spot in Faridabad while armed with a knife and an iron rod, using a stolen car with fake number plates. They were convicted under Sections 398 (attempt to commit robbery/dacoity while armed with a deadly weapon) and 401 IPC, plus the Arms Act, and sentenced to seven years' rigorous imprisonment. The High Court upheld the conviction and sentence, and the Supreme Court had granted limited leave only on the question of sentence.

Decision Breakdown

The Supreme Court noted that Section 398 IPC prescribes a mandatory minimum sentence of seven years' imprisonment where an offender is armed with a deadly weapon, and the trial court had already imposed exactly that statutory minimum. Since the law left no room for the Court to go below the floor set by Parliament, regardless of time already served or other mitigating submissions, the Court held no relief could be granted and dismissed the criminal appeal.

Lesson Learnt

When a criminal statute fixes a mandatory minimum sentence, courts cannot reduce the punishment below that floor merely on the basis of time already undergone in custody or other sympathetic circumstances.

Parveen v. State of Haryana – Legal Case Shots | LegalAware