https://www.taxtmi.com/caselaws?id=292281 Where a penal provision prescribes imprisonment and fine, an appellate court cannot replace the custodial term with fine alone merely because the statute also makes the offender liable to fine. The Supreme Court's sentencing analysis emphasises that appellate power under the criminal procedure law must remain within the punishment structure fixed by the substantive offence, and cannot produce a sentence contrary to law. Mitigating factors such as the accused's gender and family circumstances did not justify eliminating imprisonment where the trial court had already imposed a comparatively lenient custodial sentence. Proportionality and deterrence remained the governing sentencing considerations. en-us Mon, 10 Apr 2017 00:00:00 +0530 Wed, 16 Dec 2020 20:46:04 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=292281 Where a penal provision prescribes imprisonment and fine, an appellate court cannot replace the custodial term with fine alone merely because the statute also makes the offender liable to fine. The Supreme Court's sentencing analysis emphasises that appellate power under the criminal procedure law must remain within the punishment structure fixed by the substantive offence, and cannot produce a sentence contrary to law. Mitigating factors such as the accused's gender and family circumstances did not justify eliminating imprisonment where the trial court had already imposed a comparatively lenient custodial sentence. Proportionality and deterrence remained the governing sentencing considerations. Case-Laws Indian Laws Mon, 10 Apr 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=292281