Penal Code, 1860 – ss. 366, 376 and 302 – Power to impose
modified punishment – Appellant convicted u/ss. 366, 376
and 302 IPC – Trial Court sentenced the appellant to undergo
rigorous imprisonment for the rest of his life – High Court
dismissed the appeal preferred by the appellant challenging the
conviction and sentence – In appeal before the Supreme Court,
appellant contended that in view of the law laid down by the
Constitutional Bench in the case of Union of India v. V. Sriharan
alias Murugan & Ors., a modified sentence can be imposed only
by the Constitutional Courts and not by the Sessions Courts –
Held: The Constitution Bench in the case of V. Sriharan case
held that power to impose a modified punishment of providing
any specific term of incarceration or till the end of convict’s life
as an alternative to death penalty, can be exercised only by the
High Court and the Supreme Court and not by any other inferior
Court – Trial Court could not have directed that the appellant
shall not be released till the rest of his life – Even in a case
where capital punishment is not imposed, the Constitutional
Courts can always exercise the power of imposing a modified
or fixed-term sentence by directing that a life sentence shall
be of a fixed period of more than fourteen years – In the given
circumstances of the case, a fixed-term sentence for a period
of thirty years imposed.