TaxTMI 
TaxTMI 
2014 (1) TMI 1833
X X X X Extracts X X X X
X X X X Extracts X X X X
....dance with law rather acted on their own whims and fancies as if the courts are not bound to follow the law made by the competent legislature. The trial Court convicted the Respondents under Section 498A of the Indian Penal Code, 1860 (for short "Indian Penal Code) and awarded the sentence of three (3) years and imposed a fine of Rs. 2000/- (Rupees two thousand only) and in case of non payment of fine, a further sentence to undergo simple imprisonment for a period of three (3) months. They were also convicted under Sections 3 and 4 of the Dowry Prohibition Act, 1961 (for short 'Act, 1961') and imposed a sentence for a period of 3 months each and to pay a fine of Rs. 3000/- (Rupees three thousand only) each and in default of payme....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... of the Act 1961 was maintained, however, they were acquitted for the offence under Section 498A of the Indian Penal Code and Section 4 of the Act 1961. 5. In the Revision, the High Court has dealt with the case in a very cryptic manner as the learned Counsel appearing for the Respondents did not argue the case on merit rather pleaded for mercy and requested to reduce the sentence taking a lenient view. The High Court reduced the sentence to 4 days, as the said sentence had already been served/undergone by them. 6. Hence this appeal by the complainant-Appellant Sarvarala Sai Sree. 7. We have heard learned Counsel for the parties and perused the record. So far as the conviction of the Respondent under Section 3 of the Act, 1961 is c....
X X X X Extracts X X X X
X X X X Extracts X X X X
....take up the matter in its revisional power under Section 401 r/w Section 386(e) of the Code of Criminal Procedure, 1973 and enhance the punishment commensurate to the offence committed by them. We are appalled that the High Court reduced the sentence to four days. 10. In State of U.P. v. Shri Kishan AIR 2005 SC 1250, this Court has emphasised that just and proper sentence should be imposed. The Court held: Any liberal attitude by imposing meager sentences or taking too sympathetic view merely on account of lapse of time in respect of such offences will be result-wise counter productive in the long run and against societal interest which needs to be cared for and strengthened by string of deterrence inbuilt in the sentencing system. ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ded. The natural presumption in law is that hut for the proviso, the enacting part of the Section would have included the subject-matter of the proviso, the enacting part should be generally given such a construction which would make the exceptions carved out by the proviso necessary and a construction which would make the exceptions unnecessary and redundant should be avoided. Proviso is used to remove special cases from the general enactment and provide for them separately. Proviso may change the very concept of the intendment of the enactment by insisting on certain mandatory conditions to he fulfilled in order to make the enactment workable. (Vide: S. Sunday am Pillai, etc. v. V.R. Pattabiraman AIR 1985 SC 582; Union of India and Ors. v....