Penal Code, 1860

— Ss. 376(1) & (2) provisos — Award of sentence below the statutory minimum — Need for recording <169>adequate and special reasons<170> — Nature of the requirement — <169>Adequate and special reasons<170> — What are — Held, said requirement of law is cumulative in that the reasons must be not only be adequate but also special — What is adequate and special would depend upon several factors and no straitjacket formula can be laid down — If court does not mention such reasons in the judgment there is no scope for awarding a sentence lesser than the prescribed minimum — In present case accused convicted of raping six-year-old girl, under S. 376(2)(f) — Held, reasons given by High Court for reducing sentence from statutory minimum of 10 years' RI to five years' RI, that accused was of young age and belonged to a Scheduled Tribe, can by no stretch of imagination be considered adequate or special — Sentence imposed by trial court of 10 years' RI, restored — Approach of High Court deprecated, (2006) 6 SCC 1-A

Penal Code, 1860

— Ss. 376(1) & (2) provisos — Reduction of sentence below the statutory minimum — Need for recording <169>adequate and special reasons<170> — Applicability to High Court — Held, what is applicable to trial courts regarding recording of reasons for a departure from minimum statutory sentence is equally applicable to High Court in reducing the sentence in appeal, (2006) 6 SCC 1-B