Skip to main content

Penalty imposed for offence should be proportionate: SC

The Supreme Court has said that it was incumbent upon courts to bear in mind the impact of the offence on the society including on the victim and there should be proportionality between the offence committed and the penalty imposed.

Holding that "sentencing for any offence has a social goal", a bench of Justice Dipak Misra and Justice Prafulla C. Pant in a recent judgment said: "It is obligatory on the part of the Court to keep in mind the impact of the offence on the society, and its ramification including the repercussion on the victim."

"For the purpose of just and proper punishment, not only the accused must be made to realize that the crime was committed by him, but there should be proportionality between the offence committed and the penalty imposed," said Justice Pant pronouncing the judgment.

"In each case, facts and circumstances of that case are always required to be taken into consideration," the court said, while upholding the November 8, 2011 verdict of Punjab and Haryana High Court confirming the conviction of Assistant Sub-Inspector Sanjiv Kumar by a court in Punjab's Kapurthala.

Posted in a police station in Phagwara city, he entered the premises of a foreign exchange dealer and took away Rs.6,64,576 in Indian currency and foreign currency of the value of Rs. 13,44,500.

Not only that, he used a part of this money to foist a case on the firm's proprietor Sukhraj Singh, showing it as having been recovered from his car after it was intercepted at a checkpoint outside the town.

However, on investigation, this case was found to be false.

Thereafter Sukhraj Singh lodged a complaint with deputy inspector general of police, internal vigilance cell, recording the manner in which robbery was committed from the premises of his firm.

Sanjiv Kumar was convicted by the Kapurthala sessions court for offences under section 395 (Punishment for dacoity), section 450 (House trespass in order to commit offence punishable with imprisonment for life) and section 342 (Punishment for wrongful confinement) of Indian Penal Code.

While the trial court upon conviction sentenced him to varied terms of imprisonment and fines, the high court reduced the sentence to three years with enhanced fine.

 Article referred: http://zeenews.india.com/news/india/penalty-imposed-for-offence-should-be-proportionate-sc_1565518.html

Comments

Post a Comment

Most viewed this month

The recovery of vehicles by the financier not an offence - SC

Special Leave Petition (Crl.) No. 8907  of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that  respondents-financer had forcibly taken away the vehicle financed by them and  illegally deprived the petitioner from its lawful possession  and  thus,  committed  a crime. The complaint filed by the petitioner had been  entertained  by  the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case  No.  608 of 2009, even directing the interim custody of the vehicle (Maruti  Zen)  be given to the petitioner vide order dated  17.3.2009.  The respondent on approaching the Guwahati High  Court against this order, the hon'ble court squashed the criminal  proceedings  pending   before  the  learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...
7 comments
Read more

Owner of vehicle is not expected to verify the genuineness of the driving license before appointing a driver

Cause Title : Rishi Pal Singh Versus New India Assurance Co. Ltd & Ors., Civil Appeal No. 4919 Of 2022, The Supreme Court Of India Date of Judgment/Order : July 26, 2022 Corum : Hemant Gupta; J., Vikram Nath; J. Background the truck owned by the appellant met with an accident. The owner deposed before the court that before employing the driver, he had taken his driving test and that he was driving the vehicle satisfactorily and  that the driver was employed with him for 3 years before the date of the accident. He produced his driving license. This was reaffirmed by the driver who deposed that the driving license was obtained from the driver and it was issued from Nagaland, but no such license was produced on record. Both the Motor Accident Claims Tribunal and the High Court have held that the owner has alleged that the driver had a driving license from Nagaland but the same was not produced and therefore, the Insurance Company is entitled to recover the awarded amount...
Post a Comment
Read more

Person Being Prosecuted To Be Provided With All Relevant Documents

The Delhi High Court, in the case of Poonam Jain vs Union of India & Ors, noted that a person being prosecuted against has a right to be provided with all the material relied upon by the prosecuting agency to prosecute her/ him. In the instant case, a search was conducted at the residences of the petitioners and their statements were recorded and several documents were seized. They were issued show cause notices under Section 276 C(1) and Section 277 of the Income Tax Act, Section 181 of the Indian Penal Code and Sections 50 and 51 of the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act. They sought to be provided with a copy of their statements and the documents seised. However, the same was denied to them.
Post a Comment
Read more