Delhi High Court

Statutory minimum sentences are mandatory and cannot be reduced regardless of mitigating factors or personal hardships.

State ( Nct Of Delhi) vs Sweety

Delhi High CourtJUDGMENT: March 25, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The State filed an appeal against the trial court's acquittal of the respondent.

Source reference: p. 3

The High Court subsequently overturned the acquittal and found the respondent guilty of offences committed on August 31, 2013, involving the abetment of rape, kidnapping, criminal intimidation, and voluntarily causing hurt

Source reference: p. 3, 7

During the hearing on the sentence, the respondent sought leniency, citing nine months of prior custody, a five-year-old child, and no family support

Source reference: p. 2

The State opposed leniency, emphasizing the heinous nature of the offences (post-2013 Criminal Law Amendment) and the respondent’s subsequent involvement in multiple criminal cases, including murder and abortion-related offences, where she is currently in judicial custody or "wanted"

Source reference: p. 3-4
02

Issues

1. Whether the court can impose a sentence less than the statutory minimum prescribed under the Indian Penal Code (IPC) due to mitigating circumstances such as family responsibilities or trial delay.

Source reference: p. 5-6

2. What is the appropriate quantum of sentence and compensation considering the convict's conduct and criminal antecedents?

Source reference: p. 8-10
03

Law Applied

The court applied the sentencing provisions of the IPC as amended by the Criminal Law (Amendment) Act, 2013, specifically Sections 376, 366, 506 (Part II), and 323

Source reference: p. 4-5

Procedurally, the court exercised powers under Sections 235(2), 357, 357A, and 428 of the Cr.P.C.

Source reference: p. 1, 9, 10

It relied on State of M.P. v. Vikram Das (2019) and CBI v. Md. Yaseen Wani (2025) to establish that courts cannot bypass a statutory minimum sentence even under Article 142

Source reference: p. 5-6

Furthermore, the court applied the principle from Parameshwari v. State of T.N. (2026), stating that sentencing must be proportionate to the gravity of the offence and that compensation is not a substitute for punitive deterrence

Source reference: p. 6-7
04

Reasoning

The court rejected the respondent's plea for leniency, noting that the offences were committed after the 2013 amendment to the IPC, which mandated strict minimum sentences

Source reference: p. 3, 5

It reasoned that while mitigating factors like the respondent's child were present, they could not override the statutory mandate of a minimum sentence

Source reference: p. 6

The court highlighted "aggravating circumstances," specifically the respondent’s "continuing pattern of criminal behaviour" evidenced by her subsequent involvement in three other FIRs involving grave charges like Section 302 IPC (murder)

Source reference: p. 7-8

It observed that her active role in luring the victim and facilitating the rape demonstrated a high degree of moral turpitude

Source reference: p. 7

Consequently, the court held that undue sympathy would be misplaced and contrary to the need for public trust in the administration of justice

Source reference: p. 8
05

Holding

The court sentenced the convict to Rigorous Imprisonment (RI) for 10 years and a fine of ₹50,000 for Section 109 r/w 376 IPC; 5 years RI and ₹20,000 fine for Section 366 IPC; 1 year RI for Section 506 Part II IPC; and 3 months Simple Imprisonment for Section 323 IPC

All sentences are to run concurrently, with the benefit of set-off for time served

Source reference: p. 9

The court further directed that ₹50,000 from the fine be paid to the victim as compensation and recommended the Delhi State Legal Services Authority (DSLSA) to award additional compensation under Section 357A Cr.P.C.

Source reference: p. 10
Delhi High Court

Original Court PDF

State ( Nct Of Delhi)vsSweety

Delhi High Court · March 25, 2026

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