Skip to main content

Courts should impose punishment befitting crime: SC

Befitting punishment should be awarded by courts to the guilty so that "public abhorrence" of the offence committed is reflected, the Supreme Court has said.

"The question of awarding sentence is a matter of discretion to be exercised on consideration of circumstances aggravating and mitigating in the individual cases. Law courts have been consistent in the approach that a reasonable proportion has to be maintained between the seriousness of the crime and the punishment.

"While it is true that sentence disproportionately severe should not be passed that does not clothe the court with an option to award the sentence manifestly inadequate. Justice demands that courts should impose punishment befitting the crime so that the courts reflect public abhorrence of the crime," a bench comprising justices T S Thakur and R Banumathi said.

The observations came while hearing an appeal filed by Haryana native Ravinder Singh who had approached the apex court against Punjab and Haryana High Court judgement by which it had reduced the sentence imposed on six persons who had assaulted his father.

According to the prosecution, on August 4, 1993, while Sher Singh was returning home from bus station of his village Devsar with his elder brother Duli Chand, six persons-- Pyare Lal, Ramesh, Surender, Raj Kumar, Manphool and Narender-- assaulted Duli Chand with sticks due to which he sustained grievous injuries.

Later, Duli was taken to general Hospital in Bhiwani where he slipped in coma and succumbed to injuries on August 9, 1993.

The trial court had convicted all the six persons under Section 304 Part II (culpable homicide not amounting to murder) of IPC and sentenced them to seven years rigorous imprisonment.

Aggrieved by the judgment, the accused approached High Court which reduced the sentence of imprisonment to the period already undergone by each of them and also imposed a fine of Rs 25,000 each.

The apex court, which refused to interfere with High Court's decision, enhanced the compensation to the family and directed them to pay Rs 1,25,000 each along with additional fine of Rs 1 lakh each.

"As far as the award of compensation is concerned, particularly in the case of homicidal death, monetary benefits cannot be equated with the life of a person and the society?s cry for justice. Object is just to mitigate hardship that is caused to the deceased," the bench said.

Article referred: http://zeenews.india.com/news/india/courts-should-impose-punishment-befitting-crime-sc_1632468.html

Comments

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...

Abusing in-laws a ground for divorce: SC

Abusing in-laws and not allowing them to reside in the matrimonial home by a woman amounts to cruelty to her spouse, ground enough for grant of divorce, the Supreme Court has ruled while allowing an NRI's plea for legal separation from his wife. A bench of Justices Vikaramajit Sen and A M Sapre said such incidents could not be termed as "wear and tear" of family life as held by Madras High Court which had said that a couple must be prepared to face such situations in matrimonial relationship. The NRI had filed a divorce petition alleging that his wife was abusive to his family members and did not allow his parents and siblings to stay in his house when they visited the US. Referring to an incident, the husband told the court that his wife had once locked him and his sister out of the house and abused them saying they belonged to a 'prostitute family'. She refused to allow her sister-in-law to enter the house and even lodged a police complaint against her hu...

Property can be sold on power of attorney - Delhi High Court

As reported in the Hindusthan Times on 5th May:-  http://www.hindustantimes.com/India-news/NewDelhi/Property-can-be-sold-on-power-of-attorney/Article1-1054964.aspx In a judgment that will benefit lakhs of Delhi residents living in co-operative housing societies and DDA flats, the Delhi High Court has quashed a Delhi government circular banning property sale in the Capital through general power of attorney (GPA). The court found that the directions in the circular, issued by the revenue department on April 27 last year, were contrary to the Supreme Court judgment dated October 11, 2011. The HC order will increase the number of saleable properties in Delhi and could bring down the value of freehold properties. According to realty watchers, on an average, around 20% of properties are registered through GPA transfers — a common way of selling leasehold properties and those that don’t have a clear title. The judgment came on a petition filed by a company, Pace Developers and ...