MONIRUL MOLLA V. STATE OF WEST BENGAL

COURT: The Supreme Court of India

CORAM: Justices Joymalya Bagchi and Bivas Pattanayak

DATE OF JUDGMENT: 6 April 2022

FACTS

On November 11, 2011, an FIR was filed against Monirul Molla and another person under the Arms Act. The appellants were then charged under Sections 326/302/34 of the IPC and Sections 25(1A) and 1B of the Arms Act. They declared their innocence and demanded a trial. Following the trial, the trial judge found the appellants guilty and punished them in the impugned judgment and order dated 25.08.2014 and 26.08.2014. Hence, the present appeal before the Hon’ble Calcutta High Court.

ISSUE RAISED

Whether the trial courts may sentence the accused to life imprisonment till death or without remission.

JUDGEMENT

The Hon’ble Court disposed of the appeal and held that trial courts might only sentence the accused to life imprisonment in rape cases and no other circumstances.

The High Court relied on the Supreme Court judgment in Gopal Vinayak Godse v. State of Maharashtra. It stated that the trial court erred in sentencing Monirul to life imprisonment without remission. Therefore, the Court changed Monirul’s sentence and ordered that he serve a life term under Section 53 of the Indian Penal Code, read with Section 45.

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