Minimum sentences prescribed by law cannot be reduced by courts, reaffirming the importance of statutory requirements in sentencing.

JUDGMENT :

J.M.KHAZI, J.

This appeal filed under Section 377 of the Code of Criminal Procedure, the State has challenge the impugned judgment and order of the trial Court, so far as it relates to imposing punishment less than the minimum punishment prescribed for the offence punishable under Section 3(1) (ix) of the Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act (for short " SC and ST (POA) Act").

2. For the sake of convenience, parties are referred to by their ranks before the trial Court.

3. Shiggaon police filed a charge sheet against accused Nos.1 to 6 for the offences punishable under Sections 196 , 198, 420, r/w 149 of IPC and Section 3(1)(ix) of SC/ST (POA) Act, alleging that accused Nos.1 to 6 belongs to Medar caste, which comes under Category-I. However, with an intention to utilize the same for securing the benefits available to persons belonging to schedule caste, they respectively secured caste certificate dated 06.07.2005, 09.08.2005, 07.12.2005, 14.12.2006 and 08.09.2006 from the office of Tahsildar, Shiggaon, as belonging to Hindu Medha, which comes under schedule caste. In this regard, accused No.2 contested the election held during 2007 for Shiggaon Municipality to the post reserved for scheduled caste woman in division-12 and thereby prevented a woman belonging to schedule caste from contesting from the said post. Further accused No.5 secured loan of Rs.80,000 which is meant for persons belonging to schedule caste under, Swarna Jayanthi Grama Swarojagara Yojane and thereby the accused persons have committed the above said offences.

4. The trial Court framed charge against accused Nos.1 to 6 for the offences punishable under Section 420 , r/w 149 of IPC and Section 3(1)(ix) of SC/ST (POA) Act, r/w 149 of IPC .

5. Accused pleaded not guilty and claimed trial.

6. In order to prove the allegations against the accused, the prosecution has relied upon the evidence of PWs-1 to 13 and Exs.P1 to 47.

7. During the course of their statements under Section 313 of CR.P.C. accused have denied the incriminating evidence led by the prosecution.

8. Accused have not led any oral or documentary evidence on their behalf.

9. Vide judgment on dated 12.08.2015, the trial Court convicted accused and sentenced them to pay fine Rs.1,000/- each and undergo imprisonment till the rising of the Court for the offences punishable under Section 420 , read with 149 IPC and Section 3(1)(ix) of SC & ST (POA) Act, r/w 149 of IPC .

10. Accused have not challenged their conviction and sentence.

11. However, State has come up with this appeal contending that after coming to a definite conclusion that the prosecution has proved its case beyond reasonable doubt, the trial Court committed error in not imposing punishment adequately. It is illegal and improper. The evidence placed on record clearly establish that the accused have secured false certificate as belonging to schedule caste and the same is cancelled by the Tahsildar as per Ex.P21. Admittedly, the accused have not challenged the same and it has reached finality. Thereby, the prosecution has proved that the accused have secured illegal benefit by obtaining false caste certificate and thereby deprived the genuine persons belonging to schedule caste from availing the said benefit. The punishment prescribed for the offence under Section 3(1) is imprisonment for a term which shall not be less than six months, but which may extend to 5 years and with fine. In view of the same, the trial Court has erred in sentencing accused Nos.1 to 6 to undergo imprisonment till the rising of the Court. The punishment imposed for the offence under Section 420 of IPC