Criminal Procedure Code, 1973
S. 167(2) proviso (a) In a case involving offence under S. 304-B IPC, period of remand would be 90 days under cl. (i) and not 60 days under cl. (ii) of the proviso S. 304-B(2) IPC provides for minimum punishment of 7 years and maximum punishment of imprisonment for life and it is for the court to decide what would be the adequate punishment in facts and circumstances of the case It can impose punishment of imprisonment for life as well and merely because minimum sentence is provided, it does not mean that only that is imposable Word ``punishable'' in proviso (a)(i) means liable to be punished or may be punished and not must be punished, (2006) 6 SCC 277-A
Criminal Trial
Sentence
Where minimum and maximum sentences are prescribed by statute, both are imposable and it is for court to decide what would be the adequate sentence in the facts and circumstances of the particular case, (2006) 6 SCC 277-B
Criminal Procedure Code, 1973
Ss. 173(2) and 167(2) proviso (a)(i) Defective challan Challan filed without relevant documents viz. negatives of certain photographs But all the relevant documents were placed before the court before expiry of 90 days' period stipulated under proviso (a)(i) to S. 167(2) which was applicable in the instant case Hence prayer for grant of bail rightly refused However, it would be appropriate to file the original photographs along with the report under Section 173(2) CrPC, which can be taken back with permission of the court to be produced as and when required Alternatively, the xerox copies can be filed along with a certificate that they can be compared with the originals, as and when so directed by the court, (2006) 6 SCC 277-C
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