AIR2009SC2951, JT2009(8)SC277, 2009(5)SCALE679, (2009)12SCC715, [2009]6SCR1038

The social impact of the crime, e.g. where it relates to offences against women, and offences of dacoity, kidnapping,misappropriation of public money, treason and other offences involving moral turpitude or moral delinquency which have great impact on social order, and public interest, cannot be lost sight of and per se require exemplary treatment. Any liberal attitude by imposing meager sentences or taking too sympathetic a 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. [Para 14] [1046-G-H; 1047-A-B] Dhananjoy Chatterjee v. State of W.B. 1994 (2) SCC 220; Ravji v. State of Rajasthan 1996 (2) SCC 175 and State of M.P. v. Ghanshyam Singh 2003 (8) SCC 13, referred to. 2. In both sub-sections (1) and (2) of s.376 IPC, minimum sentences are prescribed. Both in cases of sub-sections (1) and (2) the court has the discretion to impose a sentence of imprisonment less than the prescribed minimum for `adequate and special reasons. In order to exercise the discretion of reducing the sentence the 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 also special. If the court does not mention such reasons in the judgment there is no scope for awarding a sentence lesser than the prescribed minimum. In the instant case, the only reason indicated by the High Court is that the accused belonged to rural areas. The same can by no stretch of imagination be considered either adequate or special. The requirement in law is cumulative. Considering the legal position, the High Court's order is clearly unsustainable and is accordingly set aside. 

Indian Penal Code, 1860