Law: Explosive Substances Act, 1908

Section: 4/5

Law: Anti Terrorism Act, 1997

Section: 7

Explosive Substances Act, 1908 (VI of 1908)-- ----Ss. 4/5--Anti-Terrorism Act, (XXVII of 1997), S. 7--Conviction and sentence--Challenge to--Reduction in sentence--Quantum of sentence--No legislated mitigating factors for reduction in sentence is available in our criminal justice system to meet situations except some judicial precedents of superior Courts which are usually followed; however, for enhanced sentence in general law Section 75 of PPC holds field, primarily dealing with repetition of offence punishable under Chapter XII or Chapter XVII of this Code with imprisonment of either description for a term of three years or upwards--Similarly, Section 382-C, Cr.P.C. gives a command to Court to pass an enhanced sentence in case accused takes a frivolous plea--No pre-sentencing report is submitted before trial Court for assessment of an offender being a potential danger or offence, he committed in certain circumstance either under compulsion or has been involved by deceitful means or for many other like reasons; therefore, system does not recognize difference between stage of conviction and sentence due to which sentence is passed simultaneously with conviction--Principally both differs to each other--By virtue of such amendment prosecutors have been given a say even to speak for accused in matters of sentencing--Above special Act has an overriding effect, requires prosecutor to assist Court with proposals for proper sentencing during trial--Obviously, an appeal is a continuation of trial for all purposes and intent; therefore, they should do play their part before this Court as well--Perused record--Identification certificates of all appellants attached by police along with report u/S. 173, Cr.P.C which are available in record reflecting that all appellants do not maintain any criminal history neither of any other offence nor of offences of like nature under charge in this case--no evidence has been brought on record with respect to their link with any terrorist or proscribed organization or their indulgence in prohibited religious activities; therefore, they being first offender deserve to be treated differently; they are behind bars and as per jail report…

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